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The best thing for a person to do when facing a robbery charge is to remain silent. Since armed robbery in Texas is labeled a "3g offense, " there is no chance for a defendant to get probation from a judge. 1476816 – Patrick I. 1086452 – Mike C. DEFERRED ADJUDICATION. 03, the most common robbery mental states are defined as: - Intentionally – An individual commits an offense intentionally if they engage in some type of conduct, and it is in their desire or conscious objective to engage in the conduct or to cause the result. State claimed they had a disinterested eyewitness. The chances of this are even better if it is your first charge. Did Not Cause Bodily Harm. The most popular articles about how to beat a aggravated robbery charge in texas. Because of this, you should must with a lawyer who is an expert.
How to Beat an Assault Charge in Texas. If the defendant does not have a history of committing felonies in Texas, the judge or jury will decide the defendant's sentence in cases of aggravated robbery, and the defendant may be eligible for probation as a result of their sentence. Aggravated Robbery is a first-degree felony and carries a punishment range of 5 to 99 ye….
Aggravated robbery that includes serious bodily injury to the victim, using or even displaying a deadly weapon during the offense, or injuring or threatening an elderly or disabled person can result in even more serious fines. Do you want to learn how to defend yourself against robbery charges? Part of our defense included Tender Offers from our client and co-defendants that Yasin was not aware of or involved in the robbery. Robbery is a second degree felony in Texas, and aggravated robbery is a first degree felony. Under Texas law, you can justifiably (legally) threaten to use force anytime actually using force would be justified (legal). If the property in question belonged to you – or if there was just no intent to steal anything – you did not commit theft. Additionally, if robbery is committed against a person over the age of 65 or someone who is physically, mentally, or developmentally disabled, a normal robbery charge can be raised to aggravated robbery. A close look at the alleged victim's injuries can determine whether charges apply, as well as which ones. 835799 – Ryan T. JURY TRIAL VERDICT: Guilty with a recommendation of ZERO YEARS PROBATION. Vialynshia got her second chance. Mark Thiessen and his team of experienced criminal defense lawyers are your best shot at freedom. Robbery Mental States in Dallas. For this to happen, the defendant needs to have a felony offense on their record, other than a state jail felony, 1 and. Assault ON a Public Servant when the victim is a public servant engaged in the performance of his/her duties OR the assault is committed in retaliation for the public servant performing his/her duties.
Since felony charges are serious, you must seek skilled criminal defense counsel right away to minimize the negative impact of your charges. Involuntary Intoxication. Probation is an alternative to serving time in jail. Houston criminal lawyer Rand Mintzer can help. The co-defendants yelled at her to join them which she did, zombie-like, running to their side as they executed the robbery, and then, still in a state of shock, followed their orders to jump into their getaway vehicle – not the victims' truck she had entered the park in. Robbery is a felony in Texas. It also applies if the defendant …. In fact, our client had a reasonable belief that the phone in the driver's possession was his phone by the way he was speaking to him. A conviction could result in two to 20 years in Texas state prison and/or a fine of up to $10, 000. By a skillful use of the evidence, we were able to prove the Complainants' ID of Javier was false. Some of the more common forms of robbery include muggings, house invasions, carjackings, and the theft of purses and wallets. Armed robbery is tricky and revisits the issue of state laws. Serious bodily injuries include broken bones, permanent disfigurement, loss of limbs, and any injury that requires surgery to repair. I Was Arrested -- Will I Go to Jail?
This offense is upgraded to aggravated robbery in Texas if they commit robbery as defined above and they: - cause serious bodily injury to another; - use or exhibit a deadly weapon; or. Most aggravated assault charges, explained below, carry a classification as First (1st) Degree Felonies and can result in a punishment of 5 to 99 years or Life in prison and a fine of up to $10, 000. Asia was driving two other friends around when the co-defendant called and asked her to go pick up another mutual friend and bring him to thebayou bike trail to talk. He's by far the best lawyer I have ever seen.
Robbery Defense Lawyer Brownsville, TX | How to Beat a … Robbery is a felony crime that could result in years in prison. This charge is a second degree felony; penalties include 2-20 years in prison and up to $10, 000 in fines. Beating someone severely and stealing property belonging to them. They include: - murder, - sexual assault, - aggravated robbery, - burglary of a residence with intent to commit a felony, and. The driver received 15 years in prison for multiple robberies. You have been arrested or charged with Aggravated Assault, and now you are looking for the best criminal defense attorney. Our fanatical approach to pre-trial motions sends the message to prosecutors that getting a conviction will not be easy. Collateral consequences are the penalties of a conviction other than jail, fines, and probation. Robbery FAQ – Gale Law Group – Attorneys In Corpus Christi. Thanks, Mr. Haggard for coming to visit me in jail and for giving me hope. Since these mental states are unique to every person, it is generally more difficult for the prosecutor to prove the mental state the alleged offender had during the commission of the offense. Patrick was not about to plead to this so we prepared for trial. In Texas, aggravated robbery is robbery where a person causes serious bodily injury to another, uses or exhibits a deadly weapon, or causes bodily injury to another person over 65+ years old or disabled, or threatens or places another person over 65+ years old or disabled in fear of imminent bodily injury or death.
The maximum amount of jail time for an aggravated robbery charge is 99 years in state prison, which is more time than many people who are convicted of a murder charge in Texas face. Only capital felonies are more severe. Another possible defense would b…. Intoxication: The person being charged might be able to use intoxication as a defense to a robbery charge.
Beyond a reasonable doubt makes it easier for a skilled criminal defense lawyer such as Adam Capetillo to prove the innocence of clients. This is a time when having a battle-tested trial lawyer is most important. As you can imagine, a lot of people use violence and then claim self-defense after the fact. If you are accused of committing robbery (as defined above) and you do any of the following, you could face aggravated robbery charges: - Cause serious bodily injury to another, - Use or exhibit a deadly weapon, or.
Our defenses included an alibi witness, conflicting statements on what the alleged gun looked like, documentation of several other robberies in the area around the same time by similar-looking suspects, and the "tainted ID" – the Complainant ID'd him based on eye color from a considerable distance as well as while he was already in handcuffs, a subtle but definite psychological influence. 07(a)(8) of the Texas Penal Code, bodily injury is defined as any physical impairment, illness, or pain to any body part or organ. Meaning, you cannot assault someone just because of something they said. Danny's family gave us an alibi that he was at home continually at the time in a state of serious depression over the murder of his brother two months previous. Robbery Lawyer in San Marcos, Texas – Case Darwin. Additionally, they must prove that the suspect used or displayed a weapon during the robbery. Under our U. S. and Texas Constitution, you are presumed innocent UNTIL proven guilty. Aggravated Robbery Texas Attorney | Thiessen Law Firm. Retired Officer Joe. This makes prosecutors, judges, and juries skeptical. We have included some of our scene and scene reconstruction photos in this hard-to-believe case. They knew exactly what to do as soon as I told them my story.
The defendant should challenge the prosecution's explanation of the weapon's involvement in the robbery. Defenses Against Robbery Charges in Texas. Thanks to Mr. Haggard the jury found me not guilty – because I was not guilty. If you face an aggravated robbery charge in Texas, you need to act with a sense of urgency by contacting criminal defense lawyer, Adam Capetillo. Perhaps you didn't intend to take someone else's bag because you thought it was yours. Our client was wrongfully accused of assaulting Complainant with a bat in a golf-course office and robbing the golf course of a large amount of cash. Did Not Intentionally Threaten the Victim. In many of robbery and aggravated robbery cases, the criminal defense attorney will argue …. I'm not even 17 yet and I was looking at up to life in prison. 02 of the Texas Penal Code, robbery is considered a felony of the second degree.
The Clark Law Firm: Types of Cases We Handle. He was also on probation, had a prior Robbery charge, and a pending drug case in Galveston Co. Due to that drug arrest, his supply had been seized and his addiction forced him into going with a friend and others whom he did …. After hearing the specific facts of the case and recognizing no threats were made, the gun remained in the holster and the client believed the phone to be his, the grand jury decided the client acted reasonably and no crime had occurred. Then, law enforcement officers must apply for a search warrant, since the Constitution forbids unlawful searches and seizures. 03), - arson causing death (Penal Code 28. In this situation, the aggravated robbery case could be presented to a felony grand jury for review. Apparently, Complainant had been robbed at gunpoint and had his vehicle carjacked that night.