Robbery Charge in Denton County
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Aggravated robbery with a deadly weapon is a first degree felony. The punishment range is 5 – 99 years in prison. Deferred Adjudication is also a possible punishment.
Prosecutors treat aggravated robbery cases very seriously, since violence often occurs or there is the possibility of serious injury or death. Most prosecutors will start plea negotiations with a lengthy prison sentence.
In Denton County, prosecutors typically will not offer probation as a plea bargain on an aggravated robbery case.
The Law on Aggravated Robbery in Denton, Texas
Aggravated robbery with a deadly weapon is defined as: using or exhibiting a deadly weapon in the course of committing a theft.
The deadly weapon is usually a firearm or a knife. However, Texas courts have defined “deadly weapon” broadly, as anything that can cause serious bodily injury in its use.
Another important consideration with aggravated robbery cases is that if the defendant is sentenced to prison, he must serve at least one-half of his sentence, in order to be eligible for parole.
Defending an Aggravated Robbery Case
Every aggravated robbery case is different. Evidence may include:
- surveillance videos,
- a statement by a defendant,
- and possession of the goods taken.
If you have been accused of robbery, contact our law office immediately for a free consultation, to help protect your freedoms and your future.
The witness testimonies can be challenged. Eyewitness identifications are one of the leading causes of wrongful convictions. Witnesses often are often too focused on the weapon to make a proper identification. Sometimes, memory can be flawed or a lineup can be administered in a suggestive way that causes a false identification.
Statements by the Defendant
Quite often, the statement made by a defendant is not an admission of guilt, as the police report indicates. Statements and confessions can also be challenged if they were coerced.
The Aggravated Element
A complainant may state there was a weapon when there was none. If no weapon is recovered, an argument can be made to reduce the case to robbery, which is a less serious offense and has lesser punishment and more parole options.
Sometimes if there are multiple defendants, there may be a “mere presence” defense. This means that a person was merely present when an acquaintance committed a robbery, as opposed to actively participating in the robbery.