Robbery Charges in Texas | Houston Robbery Defense Attorney

Robbery is theft committed with violence or the threat of it — a second-degree felony in Texas regardless of what was taken. Because it combines a property crime with an allegation of force, robbery is charged aggressively and frequently rests on fast, stressful eyewitness identifications that are far less reliable than they appear. And the line between robbery and first-degree aggravated robbery — the deadly-weapon element — is often contestable.

If you or a loved one is facing a 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 § 29.02, a person commits robbery if, in the course of committing theft and with intent to obtain or maintain control of property, they (1) intentionally, knowingly, or recklessly cause bodily injury to another, or (2) intentionally or knowingly threaten or place another in fear of imminent bodily injury or death. "In the course of committing theft" includes conduct during an attempt or in immediate flight afterward.

Penalty Range

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

How These Cases Are Defended

Mistaken identity. Robberies happen fast and under stress; eyewitness identifications and photo lineups are frequently unreliable, and we challenge them rigorously.
No force or threat. If the taking involved only stealth, the case may be theft from a person, not robbery.
Lack of intent / no theft. The State must prove a theft (or attempt) and the intent to control property; disputes and misunderstandings can negate those elements.
Defeating the deadly-weapon element. Reducing aggravated robbery to robbery removes years of exposure and a deadly-weapon finding.
Attacking the investigation. We scrutinize surveillance video, identifications, digital evidence, and the reliability of any statements.

Collateral Consequences

A robbery conviction is a felony crime of violence carrying prison exposure, loss of firearm and voting rights, immigration consequences, and a permanent record. Because identity and the degree of force are so often in genuine dispute, an experienced defense can change the outcome dramatically.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors. If you or a loved one is facing a 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 is robbery in Texas?

Under Texas Penal Code § 29.02, a person commits robbery if, in the course of committing theft and with intent to obtain or maintain control of property, they intentionally, knowingly, or recklessly cause bodily injury to another, or intentionally or knowingly threaten or place another in fear of imminent bodily injury or death. In short, robbery is theft plus violence or the threat of violence.

What is the punishment for robbery in Texas?

Robbery is a second-degree felony, punishable by 2 to 20 years in prison and a fine up to $10,000. If a deadly weapon is used or exhibited, or the victim is elderly or disabled, or serious bodily injury is caused, the charge becomes aggravated robbery — a first-degree felony carrying 5 to 99 years or life.

Does robbery require a weapon?

No. Robbery does not require a weapon — causing or threatening bodily injury during a theft is enough. When a deadly weapon is used or exhibited, the offense is elevated to aggravated robbery, a first-degree felony. Whether a weapon was truly used or exhibited is often a key issue.

What is the difference between robbery and theft?

Theft is simply the unlawful taking of property. Robbery adds violence or the threat of violence to a theft, which is why it is a felony regardless of the property's value. A theft that involves only stealth — like pickpocketing — is theft from a person, not robbery. The presence or absence of force is decisive.

How is a robbery charge defended?

Common defenses include mistaken identity (robbery cases often rest on fast, stressful eyewitness accounts), lack of intent, that no theft occurred, that any injury or 'threat' did not meet the statute, and challenging the reliability of identifications and the police investigation. We also work to reduce aggravated robbery to robbery by defeating the deadly-weapon element.