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Pleasanton, Texas 78064
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OVER A DECADE OF EXPERIENCE IN CRIMINAL LAW
WHY HIRE THORNTON CRIMINAL DEFENSE?
Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances.
Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients.
Robbery & Aggravated Robbery
Texas Penal Code § 29.02 - ROBBERY or AGGRAVATED ROBBERY
Robbery and Aggravated Robbery Attorney in San Antonio, Texas
In the state of Texas, the offense of robbery is defined as the theft of property from another person, using violence or the threat of violence. It is considered a more serious crime than simple theft, as it involves the use of force or fear to take someone's property.
There are several ways in which a person can commit the offense of robbery in Texas. First, the prosecution must always proved that the accused was committing the offense of theft with the intent to obtain or maintain control over another’s property, then to prove robbery, they can prove either:
the accused intentionally, knowingly, or recklessly caused bodily injury to another or
the accused intentionally or knowingly threatened or placed another in fear of imminent bodily injury.
Aggravated robbery is a more serious form of robbery, in which the defendant causes serious bodily injury to the victim or uses a deadly weapon in the commission of the crime. For example, if a person robs someone at gunpoint or strikes someone in a way that causes serious bodily injury.
In order to understand these offenses, it is important to understand how certain key terms are defined in the context of robbery.
Theft: For purposes of the offense of robbery, theft is defined as the unlawful taking of someone's property with the intent to deprive them of it permanently. In other words, it is the act of stealing something from someone.
Possession: Possession is defined as having control or ownership over something. In the context of robbery, possession of someone's property means having control or ownership of it, either physically or through some legal right.
Bodily injury: Bodily injury is defined as pain or any physical harm or damage to a person's body. This can include cuts, bruises, broken bones, and other injuries.
Effective consent: Effective consent is defined as consent that is given freely and without coercion or duress. In the context of robbery, if the victim gives their property to the defendant with effective consent, the defendant cannot be convicted of robbery.
Owner: An owner is defined as the person who has legal ownership or control over something. In the context of robbery, the owner of the property that is stolen is the victim of the crime.
Defenses to Robbery in Texas
In the state of Texas, there are several possible defenses to the charge of robbery that a defendant may raise in order to challenge the prosecution's case. Some of these defenses include:
Lack of intent: In order to be convicted of robbery in Texas, the prosecution must prove that the defendant had the intent to steal someone's property and used violence or the threat of violence to do so. If the defendant can show that they did not have this intent, they may be able to successfully defend against the charge.
Self-defense: If the defendant can show that they used violence or the threat of violence in order to defend themselves or someone else from harm, they may be able to assert the defense of self-defense. In order to succeed with this defense, the defendant must show that they had a reasonable belief that they or someone else was in imminent danger of harm, and that the use of force was necessary to prevent that harm.
Alibi: If the defendant has a solid alibi, or evidence that they were not present at the time and place of the crime, they may be able to use this as a defense to the charge of robbery. The defendant must be able to provide credible evidence that they were elsewhere when the crime was committed.
It is important to note that these are just a few of the possible defenses to the charge of robbery in Texas, and the specific defenses available to a defendant will depend on the circumstances of their case. If you are facing charges of robbery in Texas, it is important to consult with a qualified attorney who can advise you on the best defenses available to you.
