Robbery in Texas is a Felony, divided into two subclasses: Robbery and Aggravated Robbery. Located in Chapter 29 of the Penal Code, robbery -- as opposed to a typical theft, is commited when a person steals from an individual and intentionally or knowingly threatens or places another in fear of imminent bodily injury or death (or causes injury or death).Common robbery cases include muggings, robbery and robbing at gunpoint, and carjacking. Often times, a purse will be snatched while on a bike or running, and then thrown after the contents are taken.
A common trend has been to charge a robbery felony where slight force has been used in a minor misdemeanor shoplifting case. We have represented individuals who went to a department store intending to steal a small item, such as a video game, and after placing the item in their pocket, walked out of the store. Once outside, a security guard would grab them by the shoulder, not announcing themselves as security or loss prevention -- and often in plain clothes, and attempt to grab the individual. Unaware that the loss prevention agent works for the store, the person pulls away from the guard and runs. That slight 'pulling away' can be considered force as used in the robbery statute, and can be charged as a robbery felony, threatening years of jail time.
In such contexts, the fair charge should be a theft, and not robbery, and the Law Office of Robert Keates has sucessfully negotiated many such cases down from felony robbery to thefts, avoiding jail time and a felony on the individual's record.
The consequences of being charged with robbery are enormous. If you believe you have been erroneously charged with robbery instead of theft, or are seeking advice on a robbery case, please call us at 512-216-3211 for a free consultation.