Penal Code · §29.03

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.

The base classification is 1st degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

  • Underlying §29.02 Robbery
  • Plus SBI, deadly weapon, OR victim 65+ / disabled
Texas Law — Charge Details
1st Degree Felony
Offense
Aggravated Robbery
Statute
Tex. Penal Code §29.03
Classification
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

Worked example 1

Aggravated Robbery (§29.03) requires Robbery PLUS:

  1. Property over $750 in value
  2. 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
  3. Multiple defendants
  4. A prior felony conviction
Why: Aggravated Robbery is a 1st degree felony. It is committed when, during a robbery, the actor (1) causes serious bodily injury, (2) uses or exhibits a deadly weapon, OR (3) causes bodily injury to/threatens/places in fear an elderly or disabled person.
Statute: Tex. Penal Code §29.03
Worked example 2

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?

  1. Theft from a person — state jail felony
  2. Robbery — 2nd degree felony
  3. Aggravated Robbery — 1st degree felony (victim 65 or older) Correct
  4. Aggravated Assault — 2nd degree felony
Why: Robbery becomes Aggravated Robbery when bodily injury is caused to (or a threat is made against, or fear is placed in) a person 65 or older or a disabled individual. 1st degree felony.
Statute: Tex. Penal Code §29.03(a)(3)