Understanding Robbery Sentencing Guidelines in Texas

Robbery is one of the most serious charges a person can face in Texas, and if you or someone you love is dealing with it, you probably have a lot of questions. Most importantly: What kind of sentence am I looking at? This is where understanding robbery sentencing guidelines in Texas becomes critical. Sentencing isn’t random—it follows a specific framework laid out in the Texas Penal Code. And while judges have some discretion, there are strict ranges for punishment that depend on how the crime is classified, whether it was aggravated, and the circumstances surrounding it.

In this guide, we’ll walk you through how robbery is defined under Texas law, what differentiates it from similar crimes, how the sentencing works, and what real-life outcomes can look like. Along the way, we’ll use relatable examples, break down the legal language into something more digestible, and give you a clear picture of how the system works—because knowledge is one of the most powerful tools you can have when facing the justice system.

How Robbery Is Defined in Texas

Robbery vs Theft: It’s All About Force

Before diving into robbery sentencing guidelines in Texas, you need to understand what robbery actually is. Many people confuse robbery with theft or burglary, but under Texas Penal Code § 29.02, robbery is very specific.

A person commits robbery if, during the course of committing a theft and with intent to obtain or maintain control of the property, they:

• Intentionally or knowingly cause bodily injury to another, or
• Intentionally or knowingly threaten or place another in fear of imminent bodily injury or death.

So, what does that mean in real-world terms? If someone snatches a purse from a bench and runs away, that’s theft. But if they push someone to the ground to grab the purse or threaten them with violence? That’s robbery.

Aggravated Robbery: The More Serious Charge

When Robbery Gets Elevated

Under Texas Penal Code § 29.03, robbery becomes aggravated robbery when:

• The suspect causes serious bodily injury to another person,
• Uses or exhibits a deadly weapon, or
• Targets a victim who is elderly or disabled.

This distinction is crucial because it directly affects robbery sentencing guidelines in Texas. Aggravated robbery carries much harsher penalties and is often prosecuted more aggressively, especially in larger counties like Harris, Dallas, or Travis.

Example: If someone robs a convenience store and punches the cashier, it may be charged as robbery. But if they flash a gun—even without firing it—it becomes aggravated robbery

Robbery Sentencing Guidelines in Texas

The Legal Framework for Punishment

Now let’s talk sentencing. Robbery in Texas is classified as a second-degree felony, while aggravated robbery is a first-degree felony.

Here’s how that breaks down:

Robbery (Second-Degree Felony)

• Prison term: 2 to 20 years
• Fines: Up to $10,000
• Probation: Possible, but not guaranteed

Aggravated Robbery (First-Degree Felony)

• Prison term: 5 to 99 years, or life
• Fines: Up to $10,000
• Probation: Rare and usually only for first-time offenders with strong mitigation

These sentencing ranges give the judge significant discretion, but they’re also shaped by other factors—including the defendant’s criminal history, plea agreements, and any aggravating or mitigating circumstances.

What Affects Sentencing Within These Ranges?

The Role of Circumstances, History, and Conduct

Understanding robbery sentencing guidelines in Texas means recognizing that no two cases are alike. While the statutory range sets the outer limits, your actual sentence depends on a variety of things:

• Criminal history: A first-time offender may be eligible for probation, while someone with priors may face decades behind bars.
• Use of a weapon: The presence of a firearm almost always eliminates the possibility of probation.
• Degree of harm: Was the victim seriously injured or traumatized? That will influence the sentence.
• Plea deal or trial: Taking responsibility early on may result in reduced sentencing through a plea bargain.
• Victim’s perspective: Victim impact statements can influence a judge’s final decision.

Case Example: In San Antonio, two defendants were charged in the same aggravated robbery case. One used a weapon and had prior felonies; he received 45 years. The second acted as a lookout, had no record, and cooperated with police. He got 8 years and parole eligibility after 4.

The Role of Plea Bargains in Robbery Cases

Negotiating a Better Outcome

In Texas, many robbery cases are resolved without a trial. Prosecutors may offer a plea bargain—especially if the evidence is weak, the defendant cooperates, or the victim doesn’t want to testify.

Plea deals can result in:

• Reduced charges (e.g., from aggravated to simple robbery)
• Lesser sentencing terms
• Avoidance of mandatory minimums
• Probation eligibility if certain conditions are met

But plea bargains aren’t a guarantee. Whether they’re offered—and whether they’re worth accepting—depends on your case’s specific facts and how the DA’s office views them.

Real-Life Scenario: Jamal, 19, was arrested for robbing a fast-food restaurant with two friends. While his co-defendants opted for trial, Jamal accepted a plea for 12 years and will be parole-eligible in 3. His lawyer’s early engagement and mitigation packet, including school records and family support letters, made the difference.

Can You Get Probation for Robbery in Texas?

The Exception, Not the Rule

While probation is theoretically possible in robbery cases, it’s rare—especially for aggravated robbery. That said, robbery sentencing guidelines in Texas do allow for judges to grant community supervision in certain situations.

Eligibility factors include:

• No prior felony convictions
• No serious bodily injury to the victim
• No use or exhibition of a deadly weapon
• Strong community ties or rehabilitative potential

Judges are often hesitant to grant probation in violent felony cases, but they may do so when the defendant is young, remorseful, and has significant support.

Example: In Collin County, a 22-year-old first-time offender received 10 years of deferred adjudication probation for a second-degree robbery. He completed anger management and job training programs during his probation term and later had the record sealed.

How Parole Works for Robbery Convictions

Time Doesn’t Always Mean Time

One of the most misunderstood parts of robbery sentencing guidelines in Texas is how parole works. Many people assume that a 20-year sentence means 20 years behind bars—but that’s rarely the case.

Here’s a general breakdown:

• For non-aggravated robbery, inmates are typically eligible for parole after serving one-quarter of the sentence (with good behavior).
• For aggravated robbery, parole eligibility kicks in after half the sentence is served, and day-for-day credit is limited.

Keep in mind, eligibility doesn’t mean release. The Texas Board of Pardons and Paroles evaluates each case based on behavior, rehabilitation, and risk to the public.

What Happens to Juvenile Offenders?

Youth Doesn’t Always Shield You

Texas treats robbery committed by minors seriously. Juveniles aged 14 and older may be certified as adults for felony offenses, especially aggravated robbery.

In juvenile court, consequences may include:

• Detention in a juvenile facility
• Court-ordered counseling and rehabilitation
• Supervised probation or parole

In adult court, a minor faces the same sentencing range as an adult. Certification depends on the severity of the crime and the minor’s prior history.

Example: A 15-year-old in Dallas was certified as an adult after brandishing a knife during a robbery at a convenience store. He was sentenced to 15 years and is serving time in the adult system.

This underscores how seriously robbery sentencing guidelines in Texas apply—even to minors.

Robbery and the “Three Strikes” Rule

Habitual Offenders Face Harsh Penalties

Under Texas law, repeat offenders can face enhanced penalties under the habitual offender statute, often called the “Three Strikes” rule. If someone with two prior felony convictions is convicted of another felony like robbery or aggravated robbery, the sentence range escalates:

• 25 to 99 years, or life in prison

These enhancements mean the judge has no discretion to offer probation or lower sentencing. This applies regardless of the details of the current offense.

So if you’re on your second or third felony charge, understanding the robbery sentencing guidelines in Texas is even more crucial—your entire future could be at stake.

Real-Life Story: Robbery Charge Turned Around

How One Young Man Changed the Outcome

Let’s talk about Marcus. At 17, he was arrested in Houston for a robbery that involved stealing a wallet and phone while pushing the victim. No weapon was involved, and the victim had minor injuries.

Marcus had no criminal history, was still in high school, and showed genuine remorse. His attorney gathered character letters, report cards, and even got his church pastor to speak on his behalf. The DA offered a plea deal of 8 years, but Marcus’s defense team pushed for probation.

After a full pre-sentencing investigation and a powerful courtroom presentation, the judge agreed to deferred adjudication. Marcus completed three years of probation, got his GED, and now works as a mentor for at-risk youth.

His story is rare, but it shows that with the right strategy, understanding of the law, and community support, even serious charges can have outcomes that promote growth—not just punishment.

Final Thoughts on Robbery Sentencing Guidelines in Texas

Navigating the criminal justice system can feel like being dropped into a foreign country without a map. But learning how robbery sentencing guidelines in Texas work gives you the roadmap you need. Whether you’re facing charges yourself or trying to support someone who is, understanding the law empowers you to make informed, strategic choices.

Texas takes robbery seriously—especially when weapons or vulnerable victims are involved. But every case is different. Outcomes depend not just on the charges, but on the details, the defense, and how early you engage with the process.

If you or someone you know is facing a robbery charge in Texas, don’t wait. Talk to an experienced criminal defense attorney, start gathering support, and get informed. Your freedom—or someone else’s—might just depend on it.