Defending Against Robbery Charges in Texas

 Posted on March 21, 2024 in Criminal Law

If you are facing robbery charges, it is crucial to understand potential defense strategies. A Texas lawyer can help you strategize how to defend against these serious charges. Every case is different, so it is important to have legal representation on your side.

Understanding the Charges

First, make sure you know how robbery is defined robbery under Texas law. According to Texas Penal Code Section 29.02, robbery involves intentionally, knowingly, or recklessly causing bodily injury to another or placing someone in fear of imminent bodily injury or death while in the course of committing theft. Aggravated robbery, a more severe charge, involves the use or exhibition of a deadly weapon during the crime.

Challenging the Evidence

A primary defense strategy is to carefully analyze and question the prosecution's evidence. This may involve challenging eyewitness testimony for inconsistencies, questioning the reliability of identification procedures, or exposing flaws in the collection and handling of physical evidence. If the evidence against you is weak or tainted, your defense attorney can argue for a dismissal or acquittal.

Asserting Mistaken Identity

In some cases, the best defense is to assert that you have been mistakenly identified as the perpetrator. Eyewitness misidentification is a leading cause of wrongful convictions. Your lawyer can work to undermine the credibility of eyewitness accounts, highlight the suggestive nature of identification procedures, or present evidence supporting your alibi.

Arguing Lack of Intent

To secure a robbery conviction, prosecutors must prove that you intended to commit theft and cause harm or fear. If your actions were unintentional or you lacked the requisite mental state, your attorney can argue that you did not possess the necessary intent for robbery. For example, if you accidentally frightened someone while committing theft, you may have a defense against the robbery charge.

Exploring Plea Bargains

It could be worthwhile for you to negotiate a plea bargain with the prosecution, depending on the specifics of your circumstances. This involves pleading guilty to a lesser charge, such as theft, in exchange for a reduced sentence. Your criminal defense lawyer can assess the strength of the evidence against you and advise whether a plea deal is in your best interests.

Investigating Affirmative Defenses

Texas law recognizes several affirmative defenses to robbery, including duress and necessity. If you committed the alleged robbery under threat of force or to prevent greater harm, your attorney can raise these defenses. However, affirmative defenses are challenging to prove and require compelling evidence.

Protecting Your Rights

Your criminal defense lawyer will vigilantly protect your constitutional rights throughout the legal process. This includes ensuring that law enforcement followed proper procedures during your arrest and questioning, challenging any illegally obtained evidence, and advocating for your right to a fair trial.

The Importance of Experienced Representation

Facing robbery charges can be a daunting experience, but you do not have to navigate the legal system alone. By enlisting the services of a skilled Texas criminal defense attorney, you can benefit from their knowledge, experience, and commitment to achieving the best possible outcome in your case.

Contact a San Antonio, TX Criminal Defense Attorney

It is important to have legal representation so you can understand the complexities surrounding your case. A San Antonio, TX criminal defense lawyer can help you figure out the next proper steps. Mr. Lock began his career in civil litigation, so you will be in good hands. Call Law Offices of Sam H. Lock at 210-226-0965 for a private consultation.