Aggravated Robbery
Robbery (§29.02) PLUS (1) causes serious bodily injury, (2) uses or exhibits a deadly weapon, OR (3) causes bodily injury to/threatens/places in fear a person 65 or older or a disabled individual.
To prove this offense, the State must establish each of the following elements: Underlying §29.02 Robbery; Plus SBI, deadly weapon, OR victim 65+ / disabled; 1st degree felony.
The base classification is 1st degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Underlying §29.02 Robbery
- Plus SBI, deadly weapon, OR victim 65+ / disabled
- 1st degree felony
Robbery (§29.02) PLUS (1) causes serious bodily injury, (2) uses or exhibits a deadly weapon, OR (3) causes bodily injury to/threatens/places in fear a person 65 or older or a disabled individual.
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Worked examples
Aggravated Robbery (§29.03) requires Robbery PLUS:
- Property over $750 in value
- Causing SBI; using or exhibiting a deadly weapon; OR causing bodily injury to/threatening/placing in fear a person 65 or older or a disabled individual Correct
- Multiple defendants
- A prior felony conviction
A defendant snatches a purse from a 72-year-old woman, knocking her to the ground; the impact bruises her hip. He runs away with the purse. Most appropriate charge?
- Theft from a person — state jail felony
- Robbery — 2nd degree felony
- Aggravated Robbery — 1st degree felony (victim 65 or older) Correct
- Aggravated Assault — 2nd degree felony