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In recent news, a man from Dallas, Texas was charged with aggravated robbery after allegedly stealing money from a gas station while holding a gun to the clerk’s head. This incident raises the question: what is the difference between robbery and aggravated robbery, and why was this particular charge applied in this case?
Robbery is defined as the act of taking someone’s property through force or intimidation. In Texas, it is a second-degree felony and can carry a sentence of up to 20 years in prison. Aggravated robbery, on the other hand, is a first-degree felony and is a more serious charge than simple robbery. Aggravated robbery occurs when a person commits robbery and either:
So, in the case of the Dallas man, the charge of aggravated robbery was applied because he allegedly used a deadly weapon (a gun) while committing the robbery. This elevated the crime from a simple robbery to an aggravated robbery, considered a more severe offense.
As noted above, it’s important to note that using a deadly weapon during a robbery is not the only factor that can elevate the charge to aggravated robbery. In Texas, if a person is accused of causing severe bodily injury to another person during the commission of a robbery, they can also be charged with aggravated robbery. This can include situations where the complainant is allegedly shot or stabbed or where the perpetrator uses physical force to cause serious injury.
The reason why Texas takes aggravated robbery so seriously is because it is considered a violent crime that can have devastating consequences for true victims. In addition to the physical harm that can be caused by the use of a deadly weapon or the commission of serious bodily injury, the psychological trauma of being robbed at gunpoint can have a lasting impact on true victims.
If someone is under investigation or charged with robbery or aggravated robbery, they should get experienced, competent counsel.
There are defenses to robbery and Aggravated Robbery. Robberies typically happen very quickly. Often the complainant does not get a very good look at the perpetrator. As a consequence, quite often, the complainant identifies the wrong person as the perpetrator. As a direct result of a mistaken identification, an innocent person can very easily find themselves wrongfully accused of robbery or aggravated robbery.
Additionally, identification procedures used by the police must be challenged. If the investigating officer engages in a suggestive identification procedure, that can taint the reliability of the resulting identification. Anyone charged with either crime must get a lawyer who will fight for them, a lawyer who will fight any identification made of the accused.
In Texas, aggravated robbery can carry a sentence of up to life in prison. It’s also worth noting that the severity of the sentence for aggravated robbery in Texas reflects the state’s “tough on crime” stance. Texas has a reputation for being one of the harshest states regarding criminal sentencing, and aggravated robbery is no exception. In addition to the possibility of a life sentence, a person convicted of aggravated robbery in Texas may also face substantial fines and other penalties.
It’s important to remember that robbery and aggravated robbery are serious crimes that can profoundly impact the lives of the victims. If you have been charged with aggravated robbery in Texas, it’s important to seek the advice of an experienced criminal defense attorney as soon as possible. A skilled attorney can help you understand your legal options and develop a defense strategy that protects your rights and minimizes the potential consequences of the charges against you.
In addition to seeking legal representation, it’s also essential to take steps to protect yourself during the legal process. This can include refraining from discussing the case with anyone other than your attorney and avoiding posting anything about the case on social media.
It’s also important to be aware of the potential consequences of a conviction for aggravated robbery in Texas. In addition to the possibility of a life sentence and substantial fines, a conviction for aggravated robbery can also have long-lasting consequences on your personal and professional life. It can make finding employment, housing, and other opportunities challenging and damage your reputation in the community.
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