In Texas, robbery charges are serious matters. Due to their severity and the profound implications they can have on your life should you be convicted of the offense, it’s best to hire a lawyer the minute you find out you’re a suspect.
Here at Tad Nelson & Associates, we’re committed to defending people charged with robbery in Harris County and throughout Greater Houston. Our law firm is respected as having some of the best defense strategies for these cases. We know that every situation is different. We’ll develop a gameplan tailored to protect your rights and secure your future.
If you need to talk with a Houston criminal defense lawyer about your situation, call us today at 713-659-0909. We provide 100% free case reviews & 100% confidential consultations.
Call us 24/7.
Robbery & Texas Law
Robbery is defined in Texas Penal Code Section 29.02.
A person commits robbery if, in the course of committing theft and with intent to obtain or maintain control over the property, they intentionally, knowingly, or recklessly cause bodily injury to another or intentionally or knowingly threaten or place another in fear of imminent bodily injury or death.
Robbery is a theft offense with an elevated threat or use of force.
The State of Texas will pursue aggravated robbery charges if during the robbery:
- The person causes serious bodily injury to another;
- Uses or exhibits a deadly weapon; or
- The victim is a person who is 65 years of age or older or a disabled person.
Robbery Charges: Defense Strategies
Challenging the Elements of the Offense
To get a conviction, the state must prove each element of the alleged crime beyond a reasonable doubt. Our defense strategy might involve reviewing the facts to see if the element of force or threat was truly present. We may also be successful mounting a challenge to the assumption that you were even trying to steal anything.
If the state has any trouble proving each element (of the legal definition) of the offense, the prosecution’s case can be compromised. If their case is compromised, we’ll have complete one of the main prerequisites to getting the robbery charges dismissed.
Do You Have an Alibi?
If you weren’t at the scene of the crime, then you weren’t there. You couldn’t have committed the crime.
This can be one of the most powerful defenses.
If this is the situation, we’ll work to collect evidence that establishes your whereabouts at the time of the alleged offense. This would be great grounds for challenging your involvement in the crime.
Mistaken Identity
Often, robbery accusations are based on witness identifications. Eyewitness identifications are notoriously unreliable. If your charges hinge on an eyewitness account, we might have a great opportunity to critically assess the methods of the identification process used by law enforcement in your case.
Believe it or not, this is usually one of the main strategies that we criminal defense lawyers use to get excellent results for people charged with robbery in Texas.
Coercion
We’re you forced to commit the crime?
If you were compelled to commit the act under threat of immediate harm to yourself or others, this defense might apply. Coercion can negate the element of ‘intent’, which is an imperative for the state to secure a conviction on a robbery charge.
Influence of Substances
If you committed the crime while involuntary intoxicated, where one is not aware of being under the influence or is forced into intoxication, you may not have had any intent to commit robbery. You may not have had the ability to form the requisite intent necessary for committing the crime of robbery as defined in Texas law.
If you were drugged and forced to commit the crime, we might be able to use that circumstance as a defense.
Federal Implications and Constitutional Protections
Robbery can attract federal charges if it involves federal institutions or crossing state lines. Under these circumstances, it’s a federal case.
Here, Texas laws & federal statutes can come into play. At Tad Nelson & Associates, we’ve represented a number of individual with case in federal court and have the experience you’ll need in your corner. We’re well aware of the best strategies to raise constitutional issues such as due process and search and seizure rights as prescribed by the Fourth Amendment of the Constitution of the United States.
If you need help understanding the law as it relates to your situation, contact our law firm for immediate assistance.
Unique Factors That Might Apply to Robbery Cases
Texas has distinct provisions that may affect robbery charges. This might include a presumption against bail for those deemed a threat to society. Additionally, the death penalty in certain cases of aggravated robbery might be pursued by the District Attorney.
Although rare, it can happen if the political environment moves in the direction of highlighting the state’s stringent approach to violent crimes.
This is all the more reason to secure legal representation from qualified criminal defense lawyers as soon possible. If you have any question, contact Tad Nelson & Associates and speak to one of our experienced Galveston robbery defense lawyers today!
Seeking A Talented Criminal Defense Lawyer?
Contact Houston Criminal Defense Lawyer Tad Nelson
At Tad Nelson & Associates, we leverage our extensive experience in criminal cases to construct a compelling defense for our clients.
Attorney Tad Nelson’s Board Certification® in Criminal Law by the Texas Board of Legal Specialization™ signifies a pinnacle of professional excellence. This distinction can only be earned by a lawyer with a depth of expertise in criminal law. Representation by a skilled Houston criminal defense lawyer can make a significant difference in the outcome of your case.
If you’re facing criminal charges for robbery in Galveston or anywhere else in the Greater Houston area, and you’re serious about fighting the charge, contact Tad Nelson & Associates immediately.
Schedule your personal meeting with our team of skilled Houston criminal defense lawyers today by calling our law firm 24/7 at 713-659-0909.
