Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.
Robbery is one of the most serious charges recognized under state law. This offense has the potential for extensive incarceration, so you must fight aggressively against a conviction. A Conroe robbery lawyer like Raphael Ortega could be your dedicated legal advocate guiding you throughout every phase of your criminal case.
When you face robbery accusations, you deserve a capable defense attorney ready to fight for your rights. Raphael Ortega is a former felony prosecutor and ICE trial attorney with a long track record of success at trial. Reach out today for a free consultation to learn more about your viable defense options.
Texas Penal Code Title 7, Chapter 29 defines the act of robbery and the penalties that come with a conviction. In general, robbery involves a person committing theft while also causing or threatening bodily harm to the alleged victim. There are two types of robbery charges under state law: standard and aggravated robbery. A skilled Conroe robbery attorney could build a winning defense in either case.
Standard robbery charges require the state to show someone committed theft while knowingly causing or threatening bodily harm to another person. Thus, you can be charged with robbery if someone either threatens physical harm or carries it out – in other words, causing injury is not a prerequisite. Additionally, the value of the item is irrelevant. As with any criminal charge, the state must prove its case beyond a reasonable doubt to secure a conviction.
The penalties associated with robbery are steep. Robbery is a second-degree felony, and this charge results in between 2 and 20 years in prison and a fine of up to $10,000 upon conviction.
In addition to standard robbery charges, Texas also recognizes the offense of aggravated robbery. The state has the same burden of proof in these cases compared to standard robbery offenses. The important difference is that aggravated robbery requires the accused person either causing serious bodily injury (SBI) or using a deadly weapon during the commission of the offense.
State law defines a deadly weapon as a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
Serious bodily injury is defined as injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Additionally, a person can also be charged with aggravated robbery if they threaten, cause bodily injury, or place a fear of imminent bodily injury or death upon a special class of persons during the robbery attempt, such as an elderly or disabled person. Bodily injury is defined as physical pain, illness, or any impairment of physical condition.
Texas state law treats aggravated robbery as a first-degree felony. This serious criminal charge carries between 5 and 99 years in prison plus a fine of up to $10,000. Your choice of attorney could not be more important when the stakes are this high.
There are various different defense strategies a proactive lawyer could pursue in a robbery case. No two cases are the same, which means the right defense in one case might not be appropriate for another. Some of the defense strategies that often work in these cases include a qualified legal professional arguing:
Seasoned Conroe attorney Raphael Ortega understands what it takes to beat a robbery charge. After spending years prosecuting these cases, he now aggressively advocates on behalf of the accused. His experience handling robbery cases at trial could be invaluable to you following an arrest.
Both Texas Robbery and Aggravated Robbery are considered aggravated felonies for immigration purposes under INA § 101(a)(43) because they are classified as crimes of violence when the sentenced imposed is one year or more. Aggravated felonies are among the most dangerous convictions for non-citizens because it can bar them from many types of immigration relief and benefit applications, such as asylum, cancellation of removal, and temporary protected status. Aggravated felonies also act as bar to good moral character, a requirement for many discretionary immigration relief applications. An aggravated felony conviction is also a ground of removability under INA § 237(a)(2)(A)(iii). A non-citizen facing robbery charges in Conroe should make speaking with a dedicated attorney like Raphael Ortega their top priority.
Criminal defense attorney Raphael Ortega is a strong advocate for the accused that is never afraid to go to trial. He approaches every case with the determination to secure the best possible outcome for his clients.
When faced with robbery charges, you deserve to have a committed legal professional with extensive trial experience in your corner. When the stakes are this high, don’t fight these charges alone. Contact a Conroe robbery lawyer as soon as possible for your free consultation.