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Robbery is theft that escalates into a crime of violence. It is charged when, in the course of committing a theft, a person causes bodily injury to another or threatens or places another in fear of imminent injury. Because it combines theft with force or fear, robbery is a felony with serious prison exposure.

What the Law Covers

Robbery is defined in Texas Penal Code § 29.02. The State must prove that, in the course of committing theft and with intent to obtain or maintain control of property, you intentionally, knowingly, or recklessly caused bodily injury, or intentionally or knowingly threatened or placed another in fear of imminent bodily injury or death.

Punishment Range

Robbery is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000.

How These Cases Are Defended

Robbery cases frequently turn on eyewitness identification, which is notoriously unreliable, as well as surveillance video and the question of whether force or a threat actually occurred. A strong defense examines identity, whether a theft was truly in progress, the alleged injury or threat, and any unlawful arrest or identification procedure.

If you have been charged in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.

Frequently Asked Questions


What makes a theft a robbery in Texas?
Under Penal Code 29.02, a theft becomes robbery when, in the course of the theft, the person causes bodily injury or threatens or places another in fear of imminent injury. The added element of force or fear is what separates robbery from ordinary theft.
Is robbery a felony in Texas?
Yes. Robbery is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Aggravated robbery is a first-degree felony.

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