The penalty for any crime depends on several factors. In sentencing a person who has been convicted of robbery, a judge will most likely consider the value of the property stolen, the criminal record of the defendant, the level of violence or intimidation used against the victim of the robbery, and any other mitigating factors that might apply. Robbery is considered a second-degree felony in Texas. The range of consequences for a second-degree felony is 2-20 years in prison and up to a $10,000 fine. Hiring an experienced criminal defense attorney like Michael H. Pham can help you to avoid the most serious of these penalties. Call today to begin defending yourself against a robbery charge. 713-236-7791
How is Robbery Different from Theft?
Both theft and robbery charges involve a person taking something that does not belong to them. What separates the two charges, however, is whether there is a victim who suffered intimidation, bodily injury, or fear of bodily injury during the commission of the crime. Theft does not involve intimidation, harm, or threats of harm. If these are present, the charge will be robbery, instead of theft, and the consequences are likely to be more severe. If you or a loved one has been charged with robbery, you need a skilled criminal defense attorney on your side to build a defense strategy and plead your case as you move through the complicated legal landscape.
What Are Some Possible Defenses against a Robbery Charge?
There are several different defense strategies that can be employed to fight a robbery charge. If you maintain your innocence, your defense is simply that there is not enough evidence to prove that you committed the crime. Other possible defenses, however, in cases where there is ample evidence, tend to focus on the question of whether there was intent on the part of the defendant. Situations that bring intent into question, and could protect you against a robbery charge include circumstances that would make it impossible for the defendant to form an intent to commit robbery. These include such things as intoxication, entrapment, or duress. Whether any of these defenses could help you in your case and what strategies would be needed to employ them are questions that require the experience and expertise of a seasoned criminal defense attorney to determine.
Could I be charged with a First-Degree Felony for Robbery?
Although robbery itself is considered a second-degree felony in Texas, there are circumstances that can elevate the charge to a first-degree felony and bring much harsher penalties. A robbery will be charged at this higher level if there is a weapon involved, and/or the victim who was threatened or placed in fear of bodily injury or death was over 65 years of age, or was disabled physically, mentally, or developmentally. You need an aggressive criminal defense attorney on your side to mount the most successful defense possible and keep harsh penalties at bay. Call the Houston Law Office of Michael H. Pham today to get the help you need. 713-236-7791