Robbery Defense — Texas
Robbery in Texas is charged as a second-degree felony carrying 2 to 20 years — and if the state alleges a weapon, serious injury, or an elderly or disabled victim, it becomes Aggravated Robbery: a first-degree felony carrying 5 to 99 years or life. The difference between the two often comes down to a single disputed fact. Attorney Karan Joshi builds an aggressive, confidential defense from your first call.
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Quick answer: Texas defines Robbery under Penal Code 29.02 as a second-degree felony (2–20 years, up to $10,000 fine) — theft plus causing bodily injury, or threatening/placing someone in fear of imminent injury or death. Aggravated Robbery (29.03) adds one of three factors — serious bodily injury, a deadly weapon, or a victim who is 65+ or disabled — and becomes a first-degree felony (5–99 years or life). If a deadly weapon is found to have been used or exhibited, a judge cannot grant straight probation, though a jury can recommend it in limited circumstances and deferred adjudication may still be available. If you’re charged with either offense, say nothing beyond identifying yourself and call a defense attorney immediately.
Texas robbery law is codified in Penal Code Chapter 29, and it sits at the intersection of two things prosecutors treat very differently: theft and violence. Under Section 29.01, conduct occurring “in the course of committing theft” includes acts committed while attempting theft, during theft, or in immediate flight after attempting or committing theft — meaning a robbery charge can attach even if the property was never actually taken, so long as force or the threat of force was used in the attempt.
The critical distinction in Texas is what elevates a robbery to an aggravated robbery. Aggravated Robbery requires the state to prove the underlying robbery and one specific aggravating element: serious bodily injury, the use or exhibition of a deadly weapon, or bodily injury/threats against a victim who is 65 or older or disabled. Removing that single element — for example, showing that an object wasn’t actually a “deadly weapon” as Texas law defines it — can be the difference between a 2-year minimum and a 99-year maximum. Robbery is one of several violent crime charges we handle — see our full criminal defense practice areas for related charges.
Texas Penal Code Chapter 29 defines two robbery offenses, each with a different punishment range separated by one aggravating factor.
Second-Degree Felony
First-Degree Felony
Key takeaway: The line between a 2-year minimum and a 99-year maximum in a Texas robbery case is often a single contested fact — whether an object was a “deadly weapon,” whether an injury was “serious,” or the victim’s age or disability status. Challenging that one element is frequently the entire defense strategy.
In most Aggravated Robbery cases, the entire prosecution turns on whether an object legally qualifies as a “deadly weapon” under Texas law — and that definition is broader than most people expect.
Texas Penal Code 1.07(a)(17) defines a “deadly weapon” two ways: (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or (B) anything that, in the manner of its use or intended use, is capable of causing death or serious bodily injury. The second category is where most disputes happen — Texas courts have found everyday objects (a car, a screwdriver, a bottle, even a person’s fists in some circumstances) can be “deadly weapons” depending entirely on how they were used or threatened to be used during the offense.
This matters enormously for sentencing exposure. A robbery involving no weapon caps out at 20 years as a second-degree felony. The same facts, with the state successfully arguing that an object used or displayed meets the deadly weapon definition, becomes a first-degree felony exposing the defendant to up to 99 years or life — and removes eligibility for straight judicial probation.
A deadly weapon finding also affects parole eligibility later — offenses with an affirmative deadly weapon finding under Article 42A.054 require the defendant to serve a greater portion of the sentence before parole eligibility than a standard first-degree felony.
A note on terminology: unlike some states, Texas has no separate “Armed Robbery” statute. When a weapon is involved, it’s prosecuted as Aggravated Robbery under the deadly-weapon prong of 29.03(a)(2) — “armed robbery” is simply the common name people use for that specific fact pattern, not a distinct charge with its own punishment range.
Key takeaway: Whether an object meets the legal definition of a “deadly weapon” is a factual question the jury decides — not an automatic label. Challenging the deadly weapon finding is one of the highest-leverage defense strategies in a Texas aggravated robbery case.
Whether probation is even on the table in a Texas robbery case depends heavily on which charge is filed and whether a deadly weapon finding is part of it.
Community Supervision from the Bench
Community Supervision from the Jury
A Path Even When Straight Probation Isn’t
How Long the State Has to Charge You
Key takeaway: A deadly weapon finding doesn’t just raise the punishment range — it can eliminate judge-ordered probation entirely. Negotiating around that specific finding, or contesting it at trial, is often the single most consequential decision point in the case.
What you do — and don’t say — in the first hours after arrest can shape your entire case.
Do not explain your version of events, do not try to minimize what happened, and do not answer questions about a weapon, an injury, or the property involved. These are exactly the facts that separate a second-degree felony from a first-degree one.
Not cellmates, not recorded jail calls, not social media. Statements made to anyone other than your attorney can be used against you, and co-defendant statements are common in robbery cases involving more than one person.
State plainly that you want a lawyer and are invoking your right to remain silent. This legally requires police to stop questioning.
Early involvement matters for preserving surveillance footage, identifying witnesses, and challenging any deadly weapon or serious bodily injury allegation before it hardens into the state’s theory of the case. If you’re in Harris County, our Houston criminal defense team can start working on your case immediately.
Key takeaway: In robbery cases, the state’s theory of “how serious” the offense was often forms in the first 48 hours. Getting an attorney involved immediately gives you the best chance to contest the aggravating factors before they’re locked in.
An effective robbery defense often targets the aggravating element specifically, not just the underlying theft or use-of-force allegation.
If the alleged weapon doesn’t meet the Penal Code 1.07(a)(17) definition — or the state can’t prove it was used or exhibited in a manner capable of causing death or serious injury — an Aggravated Robbery charge can be reduced to standard Robbery.
Texas law distinguishes ordinary bodily injury from “serious bodily injury” (injury creating substantial risk of death, or causing serious permanent disfigurement or loss/impairment of a bodily function). Medical evidence often becomes central to this fight.
The 65-or-older and disabled-victim prongs of Aggravated Robbery require the state to actually prove that status at the time of the offense. If the victim’s age or disability can’t be established, the aggravating factor may not hold, even if the underlying robbery is undisputed.
Robbery requires intent connected to a theft. If the force or threat wasn’t connected to taking property — for example, if it arose from an unrelated altercation — the robbery element itself may not be satisfied.
Robbery prosecutions frequently rely on eyewitness identification, which is well-documented as unreliable under stress and poor lighting conditions common to these offenses.
The “threatens or places another in fear” element requires the threat to be genuine and imminent. Ambiguous conduct that a victim subjectively found frightening doesn’t automatically satisfy this legal standard.
In cases involving multiple participants, a defendant who was compelled to participate under threat of harm to themselves may have a duress defense, particularly in group-robbery scenarios.
Key takeaway: Because Texas robbery sentencing hinges so heavily on the presence or absence of a single aggravating factor, an effective defense frequently focuses less on denying the underlying event and more on contesting exactly how the law classifies it.
A robbery conviction’s impact reaches well past the prison term itself.
An affirmative deadly weapon finding under Article 42A.054 of the Code of Criminal Procedure requires serving a greater percentage of the sentence before parole eligibility compared to offenses without that finding.
Robbery and Aggravated Robbery are generally treated as crimes involving moral turpitude and, particularly for Aggravated Robbery, can qualify as an “aggravated felony” under federal immigration law — triggering mandatory removal proceedings for non-citizens. See our page on how criminal charges affect immigration status for more detail.
Both offenses are felonies with lasting consequences: loss of firearm rights, barriers to housing and employment, and professional licensing disqualifications that persist long after any sentence is served.
Key takeaway: Because a deadly weapon finding follows a defendant into parole eligibility and immigration proceedings — not just the initial sentence — contesting that specific finding early in the case has consequences that extend for years.
Click your location for local defense information and court procedures specific to your jurisdiction.
Harris County — covers Harris County criminal court procedures and felony docket practices for robbery and aggravated robbery filings.
Dallas County — covers Dallas County criminal court procedures, including the Frank Crowley Courts Building.
Fort Bend County — covers Fort Bend County criminal court procedures and local bond practices for felony charges.
Key takeaway: Robbery cases are prosecuted at the county level, and each county’s court system, bond practices, and prosecutorial tendencies differ. An attorney familiar with your specific court can significantly affect how your case is handled.
Facing robbery charges in Arizona instead? See our Arizona Robbery, Aggravated Robbery & Armed Robbery Defense page — Arizona’s robbery statutes work differently from Texas’s.
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Your case is protected under attorney-client privilege and never discussed outside privileged communication.
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Common questions about robbery charges in Texas.
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