Legal References: - Texas Penal Code § 12. The man now faces robbery charges and his bail is set at $75, 000. Robbery charges in Texas are anything but minor. How to beat a aggravated robbery charge in texas now. Displayed a deadly weapon. You may not know which one gives you the best chance. Texas law defines theft offenses as a variety of crimes, including theft by false pretext, embezzlement, shoplifting, retail theft, theft from a person, conversion by a bailee, extortion, swindling, larceny, receiving or concealing stolen property, acquisition of property by theft, carjacking, auto theft and unauthorized use of a vehicle. If someone is killed during the commission of a robbery, the party found responsible will more than likely face charges for capital murder in Texas. How to Fight a Texas Robbery Charge – Fulgham Law Firm.
Here's how to beat an aggravated robbery charge. Cause bodily injury to another person, threaten or place another person in fear of imminent bodily injury or death, if the other person is: - 65 years of age or older; or. States legally consider forceful theft achieved through using a weapon or threatening its use an act of violence. 1121), if done in a drug-free school zone.
Joshua was a retired Metro bus driver and former Marine wrongfully charged for defending his own life & property. Aggravated assault can be committed in two ways: - Causing serious bodily injury to a person, - Intentionally; - Knowingly; or. In this situation, the aggravated robbery case could be presented to a felony grand jury for review. Property is defined under Texas law as: - Any tangible or intangible personal property, including anything that grows from the land, but can be removed; or. Moreover, a First Degree Felony conviction can wreak havoc with your job prospects, as well as make it virtually impossible for anyone convicted of an aggravated robbery charge to secure housing. After graduation, he worked in District Attorneys' offices as a prosecutor, building cases designed to put people behind bars. Although the State of Texas may be able to easily prove the misdemeanor crime of theft, they will not be able to prove the felony crime of robbery because of criminal intent. Parole can only happen after some jail time has been served. But to do that, you'll need a good lawyer, one who knows how to beat an aggravated robbery charge in Texas, and who has a track record of winning cases for their clients. 20 How To Beat A Aggravated Robbery Charge In Texas 03/2023. Knives and firearms are two examples of lethal weapons, although the term "deadly weapon" can refer to any instrument that has the potential to cause serious injury or even death. At Trial Motions we told the DA's what to expect as our opening round on cross-ex of their "witness". It also applies if the defendant causes another person to fear bodily injury or death in the commission of theft.
Contact us today to discuss the details of your case and how we might be able to help. 03, an individual can be charged with aggravated robbery if they commit a robbery offense and: Video tutorials about how to beat a aggravated robbery charge in texas. When your lawyer stands in front of a jury to tell your story he or she needs to have a factual and emotional understanding of your situation and your decision to defend yourself. The robbery occurred when the suspect entered the bank and passed a note to a teller demanding money. If you can prove that your actions did not directly cause harm, you may be able to reduce your charges. Dallas Aggravated Robbery. Robbery can be upgraded to the more serious offense of aggravated robbery if the offender brandishes or displays a lethal weapon while attempting to steal anything from another person. Aggravated Robbery Texas Attorney. It also brings the opportunity for the judge in the case to make decisions about the possible evidence that would be presented at trial.
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. You need to hire someone that will do whatever is necessary to defend your freedom. Defenses Against Robbery Charges in Texas. Facing aggravated assault charges means fighting off consequences that could change your life forever. Penalties for a Shoplifting Charge in Texas. By a skillful use of the evidence, we were able to prove the Complainants' ID of Javier was false. Through selecting a jury, your assault lawyer should skillfully seek the jurors that will relate to the defense of your aggravated assault charge.
In this situation, it is critical that your criminal defense attorney take advantage of the grand jury process to attempt to get your robbery case lowered to a lesser misdemeanor charge of theft or have your case no billed by a grand jury, the equivalent of a dismissal. The Complainants misidentified Javier as holding a gun whereas it was the driver who had the gun, which was recovered after being thrown out the window after a police chase. The justified use of force to protect yourself is what we call "self-defense, " and is limited to specific legal situations. "Presumed" generally means the law supposes it to be true without needing any proof. This happens when a person uses a deadly weapon and causes bodily injury to someone in their family or a romantic partner (past or present). However, aggravated robbery charges have fundamental similarities an individual should challenge to beat a charge. Theft is defined as taking another person's property with the intention of permanently depriving them from possession of that property. The prosecutor must prove an individual has a certain mental state in order to convict the defendant of a robbery offense. How to beat a aggravated robbery charge in texas state. Completing community service. Larceny, Robbery, Aggravated Robbery in Texas. Texas law defines robbery to be a theft where a person intentionally, knowingly, or recklessly causes bodily injury to another; or intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
If your attorney can prove that the alleged victim did not reasonably fear bodily injury or death, your case may be dismissed. There is plentiful fine dining, shopping, and accommodations throughout Plano. He called 911 but also retrieved a revolver from inside his house for self-defense from being shot with his own weapon. That right includes using or threatening deadly force when necessary. You bet the ranch that the prosecution for a Texas armed robbery case will be stock full of experienced criminal justice litigators. How to beat a aggravated robbery charge in texas hold em. Robbery Lawyer in San Marcos, Texas – Case Darwin. Robbery FAQ – Gale Law Group – Attorneys In Corpus Christi Robbery FAQ – In the State of Texas, the difference between theft and robbery are in their degree and in their specific actions. From this investigation, we fashion a persuasive case to present to the prosecutor and grand jury.
What course of action can you take to ensure that you walk out of the courtroom without a felony on your record or prison time in your future? The young man turns around and see the loss prevention officers and starts running. The defendant may still be found guilty of the crime, even if the property was not taken or the theft was not finished. 1293501 – Danny E. This was a 2009 Aggravated Robbery allegation of holding up a family at gunpoint inside their home. Texas law outlines situations where your belief that the force was immediately necessary is "presumed" to be reasonable. Any document that represents or embodies anything of value, including money. First degree felonies in Texas can carry penalties between 5 to 99 years in a state prison. The first is that under Texas law, a deadly weapon can be anything that "in the manner of its use or intended use is capable of causing serious bodily injury or death, " so the deadly weapon could of course apply to a pistol, but could also apply to a glass vase. Edwin was on probation out of another state when charged with Aggravated Robbery and held in custody on high bail. Theft is generally considered to be a smaller and less serious crime, while robbery is considered to be much worse and will come with harsher penalties. If the prosecutor knows your attorney does not often (or ever) take cases to trial, then the prosecutor knows they can push your lawyer around. Co-defendant demanded that Asia give the police a different story which she did – out of fear.
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