Aggravated Robbery in Texas | Houston Aggravated Robbery Attorney

Aggravated robbery is a first-degree felony in Texas — punishable by up to life in prison. It is a robbery made more serious by one of three factors: a deadly weapon, serious bodily injury, or an elderly or disabled victim. Because a deadly-weapon finding also restricts parole, defeating that element is often the single most valuable thing a defense can accomplish. And like all robberies, these cases lean heavily on eyewitness identifications that are frequently unreliable.

If you or a loved one is facing an aggravated robbery charge in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Under Texas Penal Code § 29.03, a person commits aggravated robbery by committing robbery and: (1) causing serious bodily injury to another; (2) using or exhibiting a deadly weapon; or (3) causing bodily injury to, or threatening or placing in fear, a person 65 or older or a disabled person. Any one of these aggravating factors makes the offense a first-degree felony.

Penalty Range

Circumstance	Offense Level	Punishment
Aggravated robbery (deadly weapon / serious injury / protected victim)	First-Degree Felony	5 – 99 years or life; up to $10,000 fine
Reduced to Robbery	Second-Degree Felony	2 – 20 years prison; up to $10,000 fine

A deadly-weapon finding limits parole

An affirmative deadly-weapon finding requires serving a larger share of the sentence before parole eligibility, so defeating or removing the deadly-weapon allegation is one of the most important goals in these cases.

How These Cases Are Defended

Mistaken identity. Robberies are fast and stressful, and identifications and photo lineups are frequently unreliable; we challenge them rigorously and raise alibi where it exists.
Defeating the deadly-weapon element. Whether an object was used or exhibited as a deadly weapon is fact-specific and often contestable — and defeating it drops the case to robbery.
Challenging "serious bodily injury." Many injuries do not meet the strict statutory standard.
Lack of intent / no theft. The State must prove a theft or attempt with intent to control property.
Attacking the investigation. We scrutinize surveillance video, identifications, digital evidence, and any statements.

Collateral Consequences

An aggravated-robbery conviction is a first-degree violent felony carrying prison exposure up to life, a parole-limiting deadly-weapon finding, loss of firearm and voting rights, immigration consequences, and a permanent record. The stakes make early, aggressive, evidence-driven defense essential.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who have handled serious violent-crime cases. If you or a loved one is facing an aggravated robbery charge in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

What makes a robbery 'aggravated' in Texas?

Under Texas Penal Code § 29.03, a robbery becomes aggravated robbery when the person uses or exhibits a deadly weapon, causes serious bodily injury, or commits the robbery against a person who is 65 or older or disabled. Any one of those factors elevates a second-degree robbery to a first-degree felony.

What is the punishment for aggravated robbery in Texas?

Aggravated robbery is a first-degree felony, punishable by 5 to 99 years or life in prison and a fine up to $10,000. A deadly-weapon finding also restricts parole eligibility, meaning a person must serve a larger portion of the sentence before becoming parole-eligible.

Does the weapon have to be a gun?

No. A deadly weapon is anything capable, in the manner of its use or intended use, of causing death or serious bodily injury. Firearms qualify automatically, but knives, clubs, vehicles, and other objects can too. Whether an object was actually used or 'exhibited' as a deadly weapon is frequently a decisive, contestable issue.

Can aggravated robbery be reduced to robbery?

Yes — and it is a central defense goal. If the State cannot prove a deadly weapon was used or exhibited, that the injury was 'serious,' or that the victim was elderly or disabled, the case may drop to robbery, a second-degree felony. That reduction removes years of exposure and the parole-limiting deadly-weapon finding.

How is an aggravated robbery case defended?

Mistaken identity is the most common defense, because these cases rest on fast, stressful eyewitness accounts and often grainy video. We also challenge the deadly-weapon and serious-injury elements, test the reliability of identifications and any statements, raise alibi where it exists, and scrutinize the entire police investigation.