A theft could become a robbery offense under the Texas Penal Code. When prosecutors allege individuals exposed or subjected others to harm to take something from them, they may file robbery charges. Options exist, however, to defend against the alleged charges.
Provoking fear in an individual during a theft may qualify as robbery. You could face aggravated robbery charges if prosecutors allege you used a weapon or seriously injured someone. An aggravated robbery charge may also apply if a theft caused injuries to someone with disabilities or over age 65.
How may prosecutors obtain robbery charge convictions?
Prosecutors must provide the court with sufficient evidence before convicting on a robbery charge. As noted by Cornell Law School’s Legal Information Institute, prosecutors must generally prove the three elements of a criminal offense. First, prosecutors must show the court evidence of a defendant’s wrongful act.
After proving the criminal act occurred, prosecutors must then show a defendant’s intention of committing that crime. Prosecutors must finally show how a defendant’s wrongful actions caused the alleged effect or outcome.
Which defenses may counter robbery allegations?
You may defend yourself against allegations and the evidence that prosecutors present. Without adequate proof, the court may not have enough evidence to convict. If you could show that you made a mistake of law or fact, it may serve as a defense against a theft or robbery charge.
Acting while under duress or affected by intoxicants may also help avoid serious penalties. In some cases, individuals may show they did not have the mental state to carry out the charged offense. Necessity could also cause individuals to engage in unlawful actions they would otherwise not attempt.
Theft charges prosecuted in the Lone Star State include robbery and aggravated robbery offenses. Each defendant has a right to counter the allegations to avoid or reduce harsh penalties