Defending Against Robbery Allegations in Texas

Facing criminal charges can be terrifying—but when those charges involve robbery, the stakes rise significantly. In Texas, robbery isn’t just a property crime; it’s classified as a violent offense. That means prosecutors are aggressive, penalties are steep, and your freedom hangs in the balance. Whether you’re wrongly accused or caught up in the wrong place at the wrong time, defending against robbery allegations in Texas requires strategy, knowledge, and immediate action.

This guide breaks down everything you need to know about fighting robbery charges—from understanding the law to exploring defense strategies that work in real courtrooms. With a mix of real-life examples, legal insights, and clear language, we’re here to help you or a loved one navigate one of the most serious accusations someone can face in the Lone Star State.

What Is Robbery Under Texas Law?

Breaking Down the Statute for Clarity

To properly defend against robbery allegations in Texas, you must first understand what constitutes robbery under state law. According to Texas Penal Code § 29.02, a robbery occurs when someone commits theft and intentionally, knowingly, or recklessly:

• Causes bodily injury to another person, or
• Threatens or places another in fear of imminent bodily injury or death

In short, it’s not just about stealing—it’s about using force or fear during the act.

If the person used a weapon or inflicted serious injury, prosecutors can charge the offense as aggravated robbery, a first-degree felony under § 29.03.

Understanding this legal distinction is critical when developing your defense strategy. The leap from theft to robbery—often triggered by a shove, a threat, or a sudden panic—can carry decades of prison time if not defended properly.

Real-Life Story: The Mistaken Identity Case

Let’s look at an actual example that illustrates just how fragile these cases can be.

Luis, a 21-year-old college student in Houston, was arrested after a convenience store robbery nearby. The suspect, described as a tall man in dark clothing, was caught on grainy surveillance footage. Luis, who happened to match that vague description, was walking home in the same neighborhood at the time.

Police detained him, and prosecutors charged him with robbery. However, his defense attorney moved quickly. By presenting attendance records, surveillance footage from an apartment complex, and cell phone GPS logs, the attorney proved Luis couldn’t have been involved.

Eventually, the district attorney dropped the charges. But Luis still spent two months in jail, and his family went through emotional and financial hardship before the truth came out.

His story proves one thing: Defending against robbery allegations in Texas requires immediate and aggressive fact-checking. Assumptions can lead to wrongful arrests, but facts can set you free.

What’s the Difference Between Robbery and Aggravated Robbery?

Understanding the Charges You’re Facing

Not all robbery charges are created equal. In Texas:

• Robbery is a second-degree felony, punishable by 2 to 20 years in prison and up to $10,000 in fines
• Aggravated robbery is a first-degree felony, with penalties of 5 to 99 years or life in prison

Aggravated robbery involves one or more of the following:

• Use or exhibition of a deadly weapon
• Causing serious bodily injury
• Committing robbery against a disabled person or someone 65 years or older

Understanding exactly which charge you’re facing is vital because it determines both your defense strategy and your risk level. When it comes to defending against robbery allegations in Texas, the difference between 5 and 50 years can hinge on details like injury reports and weapon classification.

What Must the Prosecution Prove?

Breaking Down the Burden of Proof

To convict someone of robbery in Texas, the prosecution must prove each element of the crime beyond a reasonable doubt:

1. Theft occurred – You took or attempted to take property that didn’t belong to you
2. Force, threat, or injury – You used violence or made the victim fear injury or death
3. Intent – You acted intentionally or knowingly

If the state fails to prove even one element, the case can fall apart. That’s why so many successful defense strategies focus on dismantling specific claims—for example, proving that no actual threat was made or that the accused was unaware of what others were doing.

Common Defenses in Robbery Cases

Building a Defense That Holds Up in Court

When defending against robbery allegations in Texas, your attorney will tailor the strategy to your specific case, but some defenses come up more often than others:

1. Mistaken Identity

Eyewitnesses can be wrong. Surveillance footage can be grainy. Just because someone “looked like” the suspect doesn’t make it fact.

2. No Intent to Commit Robbery

If someone took property without using force or threat—perhaps they mistakenly believed the property was theirs—this could weaken the robbery charge.

3. Lack of Force or Threat

Sometimes, prosecutors overcharge a case. If there was no physical injury or threat involved, your attorney may argue for a reduction to simple theft.

4. Alibi

If you were elsewhere during the time of the crime, proving your location can be a complete defense.

5. Duress or Coercion

In rare cases, individuals are forced by others to commit a crime under threat. This can be a valid defense if proven.

A successful defense starts with a deep dive into the facts. Witness interviews, video evidence, and expert testimony often play a key role.

Real-Life Story: The Overcharged Teen

In San Antonio, 18-year-old Malik was arrested after snatching a purse in a mall parking lot. The woman fell and scraped her knee as she tried to hang on, prompting prosecutors to charge Malik with robbery.

His attorney argued that there was no intent to harm, no weapon, and no real threat used. After presenting video footage and emphasizing Malik’s age and clean record, the charge was reduced to theft—a misdemeanor.

This case shows that defending against robbery allegations in Texas often requires pushing back against overcharging. Not every aggressive act rises to the level of felony robbery.

What Should You Do If You’re Arrested for Robbery?

Immediate Steps to Protect Yourself

If you’re arrested for robbery in Texas, here’s what you should do immediately:

• Stay silent: Do not explain or justify your actions to police. Anything you say can be used against you.
• Ask for a lawyer: Insist on your right to legal counsel before answering any questions.
• Avoid discussing your case: Don’t talk about it with friends, on social media, or on the jail phone system.
• Document everything: If possible, write down names of witnesses, details about your whereabouts, or anything that could help your defense.

Being proactive early in your case can mean the difference between dismissal and conviction. Time is critical.

How Robbery Charges Affect Your Record

The Long-Term Impact of a Felony Conviction

A robbery conviction in Texas is a felony, which carries life-changing consequences beyond prison time. These include:

• Loss of voting rights (while incarcerated or on parole)
• Inability to own or possess a firearm
• Difficulty finding housing or employment
• Immigration consequences for non-citizens
• Public stigma and loss of reputation

Even after serving time, people with robbery convictions face long-term social and legal obstacles. That’s why defending against robbery allegations in Texas is about more than just the trial—it’s about preserving your future.

Can Robbery Charges Be Dismissed or Reduced?

It’s Possible—But Not Without Work

Yes, robbery charges can be dismissed or reduced, but it depends on the evidence, your criminal history, and the skill of your legal defense. Some ways this can happen include:

• Pretrial diversion programs (rare in robbery cases, but possible for juveniles or nonviolent acts)
• Lack of evidence or unreliable witnesses
• Successful motion to suppress key evidence
• Negotiating a plea deal to a lesser offense like theft or assault

You won’t know what’s possible until a defense attorney examines your case. In some instances, just hiring a lawyer early signals to the prosecution that you’re serious about fighting the charge.

The Role of Bail in Robbery Cases

Getting Out Doesn’t Mean You’re Off the Hook

Robbery is a serious offense, and judges often set high bail amounts for these charges. In some counties, no bail may be set if the crime involved a weapon or the accused is considered a flight risk.

Your attorney can request a bail hearing to argue for reduced bail or for release on personal recognizance. The sooner you’re out, the sooner you can meet with your legal team, gather evidence, and prepare your defense.

Paying bail doesn’t mean your case is resolved—it just gives you the freedom to fight it from the outside.

Final Thoughts: Defending Against Robbery Allegations in Texas

Being charged with robbery is one of the most serious legal challenges you can face in Texas. But a charge is not a conviction. With the right defense, solid facts, and a skilled attorney, it is possible to reduce the charges—or even walk away cleared entirely.

Defending against robbery allegations in Texas isn’t just about courtroom theatrics. It’s about understanding the law, challenging the evidence, and using every available legal tool to protect your rights and your future.

Whether you’re innocent, overcharged, or simply made a mistake—this charge doesn’t have to define your life. But you have to take it seriously, act quickly, and fight smart.