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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.
The client believed to be facing potential Wire Fraud Charges related to SBA PPP loan applications. Investigation of applications for PPP loans and PPP forgiveness demonstrated that the Client had at all times acted in a lawful manner. Investigation demonstrated no fraud was committed by the client. Case closed.
Client was charged by Federal Indictment with making a social media post that threatened Malicious Damage and Destruction of a Building by Means of Fire and Explosives in violation of Federal law. The Defense showed that Client was a law-abiding citizen. The Defense further showed that the alleged threat was not made with any criminal intent.
The client, a public official with a long history of public service, was accused by a former girlfriend of engaging in non-consensual sexual relations. The Defense investigation and analysis showed through a detailed timeline that the allegation made absolutely no sense. Phone records, including calls and texts, were relied on to help establish an accurate timeline. The Defense met with law enforcement and reviewed a detailed package that exonerated the accused.
Client, a Houston area professional who frequently travels for work, was accused by his wife of assaulting her in his family home. Defense showed that wife’s story lacked credibility and there was no physical evidence in support of the wife’s allegation.
The client, a young Black male, was driving his car when police pulled him over for no apparent reason. It looked to be a profile stop. The client was accused of possessing a controlled substance in his vehicle. The Defense showed that there was no lawful basis for the police to stop the Client’s car. The Defense also showed that there was no lawful basis for the search of the Client’s car. It was a bad search, so the seized evidence was not admissible.
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Government also found the intended loss was over half a million dollars. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
Client was retired professional. Client was accused of being involved in a road rage incident in 1960 Area. Defense put together a 100 page memorandum that demonstrated complainant was actual aggressor.
Client was accused of touching child. Case involved thousands of pages of psychiatric and Child Protective Services records as well as investigations by multiple police departments. After three- year fight, case dismissed.
Client accused of shoving and knocking down family member causing injury. After investigation, charges were dismissed.
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