Aggravated Robbery: Texas Penal Code §29.03

The Texas Aggravated Robbery law applies to a Robbery that causes serious bodily injury, causes bodily injury to an older person or disabled person, or where a deadly weapon is used.

The Aggravated Robbery offense is classified as a first degree felony, while the base offense of Robbery is classified as a second degree felony.

For the state to get an Aggravated Robbery conviction, they have to prove both the underlying Robbery offense and one of the aggravating factors.

The Texas legislature codified this criminal offense in Texas Penal Code Section 29.03. The legislature did not update this law in 2023. In fact, this law has not been amended since 1993.

The Penal Code classifies the Texas Aggravated Robbery law under Title 7 “Offenses Against Property,” Chapter 29 “Robbery.” Learn more about the Texas offense of Aggravated Robbery below.

What is the current Texas law about Aggravated Robbery?

Texas law currently defines the offense of Aggravated Robbery in Penal Code Section §29.03 as follows:^[1]

(a) A person commits an offense if he commits robbery as defined in Section 29.02, and he:

(1) causes serious bodily injury to another;

(2) uses or exhibits a deadly weapon; or

(3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:

(A) 65 years of age or older; or

(B) a disabled person.

How can I be charged with an Aggravated Robbery offense in Texas?

You can be charged with Aggravated Robbery in Texas if the state’s attorneys believe that each of the elements of 29.03(a) as described in the section above have been met. The state will need to allege that you committed a Robbery and specify which one of the aggravating factors they believe applied to the Robbery.

What is the statute of limitation for Aggravated Robbery in Texas?

Aggravated Robbery offenses have a five-year limitations period.^[2]

What is the penalty for a Texas Aggravated Robbery offense?

A conviction for Aggravated Robbery in Texas is punished as a felony of the first degree,^[3] with a maximum possible fine under Texas state law of up to $10,000 and prison time of 5 to 99 years.

Can you get probation for Aggravated Robbery in Texas?

The Texas Code of Criminal Procedure prohibits judges from placing people convicted of Aggravated Robbery on probation, but the code allows judges to accept deferred adjudication pleas.^[4]

However, the code allows juries to recommend probation for people convicted of these offenses.^[5] But juries may not recommend community supervision for any suspended sentence of over 10 years.^[6]

Also, defendants are not eligible for a community supervision recommendation from a jury if a deadly weapon was used or exhibited during the commission of the offense or immediate flight thereafter and the defendant used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[7]

What level of crime is Aggravated Robbery in Texas?

The Penal Code classifies the punishment for Aggravated Robbery as a first degree felony.

Learn more about the penalty range for this offense in the section above.

Can a Texas Aggravated Robbery offense be reduced?

Yes, an Aggravated Robbery offense may be reduced. The most common reduction is to the base Robbery offense, but it could be reduced to simple Theft or even Assault.

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Legal References:

^1. Texas Penal Code §29.03. This law is current as of 2024.^2. See Code of Criminal Procedure 12.01(4) and 12.03(d)^3. Texas Penal Code §29.03(b)^4. Art. 42A.054, Texas Code of Criminal Procedure, prohibits the imposition of community supervision. But the offense does not appear on the list of offenses in Art. 42A.102(b), Texas Code of Criminal Procedure.^5. Art. 42A.056, Texas Code of Criminal Procedure^6. Art. 42A.053(c), Texas Code of Criminal Procedure^7. Art. 42A.054(b), Texas Code of Criminal Procedure