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New Braunfels Aggravated Robbery Lawyer

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Aggravated robbery with a deadly weapon is a first-degree felony. The punishment range is five to 99 years in prison. Deferred adjudication is also a possible punishment.

Prosecutors treat aggravated robbery cases extremely seriously as violence often occurs or there is the possibility of serious injury and death. Most prosecutors will start plea negotiations with a lengthy prison sentence.

I Can Help

Contact me for a free case review if you are charged with aggravated robbery in Comal County or other Central Texas counties such as Hays County, Guadalupe County, Travis County, or Bexar County.

Aggravated Robbery Laws in Texas

Aggravated robbery with a deadly weapon is using or exhibiting a deadly weapon in the course of committing a theft.

The deadly weapon is usually a firearm or a knife. However, Texas courts have defined a deadly weapon broadly as anything that can cause serious bodily injury in its use.

Another critical consideration in aggravated robbery cases is that if the judge sentences the defendant to prison, he must serve one-half of his sentence to be eligible for parole.

Defending an Aggravated Robbery Case

Every aggravated robbery case is different. Evidence may include:

  • surveillance videos,
  • eyewitnesses,
  • a statement by a defendant, and
  • possession of the goods taken.

Eyewitness Identification

Often can be challenged. Eyewitness identifications are one of the leading causes of wrongful convictions. Witnesses are often too focused on the weapon to make a proper identification. Sometimes, memory can be flawed, or police administer a lineup in a suggestive way that causes a false identification.

Statements by the Defendant

A defense attorney can also challenge statements by the defendant. Often, the statement made by a defendant is not the admission of guilt that the police report indicates. An criminal defense lawyer also may challenge statements and confessions made under coercion.

The “Aggravated” Element

The defense can frequently challenge the “aggregated” element. A complainant may state there was a weapon when there was not. If the police do not recover a weapon , the defense can make an argument to reduce the case to a robbery which is a less serious offense with better punishment and parole options.

Sometimes, there may be a “mere presence” defense if there are multiple defendants. Criminal defense attorneys offer this defense when a person was merely present when someone committed a robbery. This argument is opposed to instances where the defendant participated in the robbery as a lookout or driver.

Deferred Adjudication

Young defendants who are not a threat to society commit many robberies. With such defendants, the defense attorney can make a good case for probation, especially if the defendant has not been in trouble before, has an identifiable issue like substance abuse that the court can address, or was a minor participant in the case.

I Can Help

Contact me for a free case review if you are charged with aggravated robbery in Comal County or other Central Texas counties such as Hays County, Guadalupe County, Travis County, or Bexar County.

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