Robbery: Texas Penal Code §29.02

Texas Criminal Law

Nicholas Toufexis 2024 Best Lawyers "Ones to Watch" logo
Dallas Best Lawyers 2022 Badge

The Texas Robbery law applies when Theft is committed by means of causing bodily injury or threatening or placing someone in fear of imminent bodily injury or death.

The Texas legislature codified this criminal offense in Texas Penal Code Section 29.02. The legislature did not update this law in 2023. In fact, this law has not been amended since 1994.

Have you been charged with Robbery? Book a consultation to discuss legal representation with attorneys Paul Saputo and Nicholas Toufexis today.

Or apply for a free consultation here

A separate offense called Aggravated Robbery applies to any Robbery offense that causes serious bodily injury, causes bodily injury to an older person or disabled person, or where a deadly weapon is used.

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

What is the current Texas law about Robbery?

Texas law currently defines the offense of Robbery in Penal Code Section §29.02 as follows:[1]

(a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:

(1) intentionally, knowingly, or recklessly causes bodily injury to another; or

(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

How can I be charged with a Robbery offense in Texas?

You can be charged with Robbery in Texas if the state’s attorneys believe that each of the elements of 29.02(a) as described in the section above have been met.

What is the statute of limitation for Robbery in Texas?

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

What is the penalty for a Texas Robbery offense?

A conviction for Robbery in Texas is punished as a felony of the second degree,[3] with a maximum possible fine under Texas state law of up to $10,000 and prison time of 2 to 20 years.

Can you get probation for Robbery in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Robbery, and judges are also allowed to accept deferred adjudication plea deals.[4]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.[5] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[6]

What level of crime is Robbery in Texas?

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

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


^1. Texas Penal Code §29.02. This law is current as of 2024.^2. See Code of Criminal Procedure 12.01(4)^3. Texas Penal Code §29.02(b)^4. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^5. Art. 42A.053(c), Texas Code of Criminal Procedure^6. Art. 42A.054(b), Texas Code of Criminal Procedure


Arrested or Charged With a Crime?