How severe is the punishment for aggravated robbery? While robbery is considered a Second Degree Felony, aggravated robbery is elevated to a First Degree Felony. What differentiates an aggravated robbery charge? There are several factors that can lead to the classification of a robbery as aggravated. These include:
Aggravating Factors in Robbery Charges
- Inflicting serious bodily injury on someone
- Using or displaying a deadly weapon
- Causing bodily harm to individuals aged 65 or older
- Threatening bodily injury or death to individuals aged 65 or older
- Causing bodily harm to disabled individuals
- Threatening bodily injury or death to disabled individuals
If the accused has no previous criminal record, the sentence for aggravated robbery can range from 5 years to 99 years or even life imprisonment (TDCJ). However, the final sentence depends on various factors, including the decision of the jury and the presence of prior felony convictions.
Aggravated Robbery Sentencing in Texas State Courts
Unlike the Federal sentencing system, Texas state courts do not have specific guidelines for determining penalties. This provides the jury or judge with a wide range of discretion when it comes to sentencing. Unfortunately, in many aggravated robbery cases, there is video evidence such as store surveillance footage, making it challenging to dispute guilt during the trial. In such situations, it becomes crucial to have a skilled criminal attorney from Fort Worth who can dedicate extensive effort to securing the best possible sentence for aggravated robbery.
During sentencing, the judge or jury takes into consideration a variety of factors, including:
- Demonstrated good character and positive actions
- Past criminal history and negative acts
- Mitigating circumstances
The first two categories are relatively straightforward. The prosecution can present evidence of the defendant’s criminal record and other “bad acts,” even if they did not lead to convictions. On the other hand, the defense attorney can present evidence of the defendant’s good character, such as a history of caretaking, work experience, educational background, and community involvement.
“Character Letters” are generally inadmissible in court as they are considered hearsay. It is essential for the defense attorney to interview witnesses and have them testify during the sentencing phase of the aggravated robbery trial. This requires thorough preparation and cannot be left until the last minute. The third category, mitigation evidence, is often underutilized and not fully understood.
Using Mitigation Evidence for Aggravated Robbery Sentencing
In aggravated robbery cases, mitigating factors play a crucial role during sentencing. Although current law in Texas does not require judges to instruct juries on the importance of mitigating factors, it is essential for defense attorneys to present this evidence and explain its significance to the jurors. Some common mitigating factors in aggravated robbery cases include:
- Role in the offense: Arguing that the defendant had a lesser role in the crime, akin to being an accomplice or accessory.
- Influence of drugs or alcohol: While intoxication is not considered a defense in Texas, it can be a mitigating factor that leads to a lesser sentence. Attorneys may present evidence of the defendant being under the influence and emphasize that, without intoxication, the defendant would not have committed the crime. However, presenting this factor requires care to avoid giving the impression of making excuses.
- Motive for robbery: Evidence of the defendant’s motivation for committing aggravated robbery can also be significant during sentencing. For instance, if the defendant committed the crime due to a perceived hopeless financial situation for their family, the defense attorney can argue that their actions were driven by good intentions.
These are just a few examples of mitigating factors, highlighting the importance of thorough preparation and investigation by the criminal defense attorney.
Experienced Attorneys for Aggravated Robbery Sentencing
Every case is unique, but our firm has achieved exceptional results in sentencing for aggravated robbery cases. In some instances, we have successfully convinced juries to grant probation or impose the minimum sentence of 5 years, even when there was video evidence. Regardless of how challenging your case may seem, it is crucial to ensure that you receive the best possible sentence for aggravated robbery. This may involve the assistance of private investigators, psychologists, doctors, or other experts. With our extensive network of top-tier experts in Texas, we can start building the strongest mitigation case for you or your loved one.
Contact our Fort Worth Criminal Defense Attorneys
300 Burnett Street, Suite 130
Fort Worth, TX 76102
