San Antonio Armed Robbery Defense Lawyers – Fighting Severe 1st & 2nd-Degree Felony Charges

Understanding the Extreme Severity of an Armed Robbery Charge in Texas

Being charged with armed robbery—legally termed “Aggravated Robbery” in Texas—places you in the crosshairs of one of the most aggressively prosecuted crimes in the state. This is not a simple theft; it is a violent felony that combines theft with the explicit threat or use of a weapon, instantly elevating it to one of the highest-priority offenses for law enforcement and prosecutors. At Barton & Associates, we understand that these charges often arise from desperate circumstances, cases of mistaken identity, false accusations, or acts where the presence of a weapon was misinterpreted or exaggerated. The state’s narrative will paint you as a violent threat to public safety, but the full story is almost always more complex. With penalties ranging from 5 years to life in prison and the permanent brand of a violent felon, securing an immediate and formidable defense is not just advisable—it is a matter of survival for your future. Your freedom, your rights, and your very identity are on the line.

What Constitutes Aggravated (Armed) Robbery Under Texas Law?

Texas Penal Code § 29.03 defines Aggravated Robbery. The prosecution must prove you committed a robbery (theft with the intent to obtain or maintain control of property while intentionally, knowingly, or recklessly causing bodily injury to another, or threatening or placing another in fear of imminent bodily injury or death) AND that you:

1. Caused serious bodily injury to another person; or
2. Used or exhibited a deadly weapon; or
3. Caused bodily injury to another person or threatened or placed an elderly or disabled person in fear of imminent bodily injury or death.

The “deadly weapon” element is broad. It includes not only firearms and knives but any object that, in the manner of its use or intended use, is capable of causing death or serious bodily injury. This can include tools, baseball bats, or even simulated weapons if the victim reasonably believed it was real.

Key Takeaway: You can be charged with this severe felony even if:

• The weapon was not fired or used to strike anyone.
• The weapon was unloaded or inoperable.
• The victim was only threatened and not physically injured.
• You were an accomplice or getaway driver, even if you never touched a weapon.

The Life-Altering Penalties for an Armed Robbery Conviction

Aggravated Robbery is typically a first-degree felony in Texas. The penalties are designed to be severe and carry mandatory minimum prison time.

Direct Criminal Penalties:

• First-Degree Felony (Standard): Punishable by 5 to 99 years, or life, in the Texas Department of Criminal Justice (TDCJ).
• Enhanced to Capital Felony (In Rare Cases): If committed against someone over 65 or disabled, and you caused serious bodily injury, it can be punishable by life without parole.
• Substantial Fines: Up to $10,000.

Critical “3g” Offense Designation: Like other violent felonies, aggravated robbery is a “3g” offense under Texas law. This means:

• You are NOT eligible for probation from a jury.
• A judge can grant probation only under extremely limited conditions.
• You must serve at least half of the imposed sentence before becoming eligible for parole.

The “Civil Death” of Collateral Consequences:

• Permanent Violent Felony Record: This will appear on every employment, housing, loan, and licensing background check for life, effectively barring most career paths.
• Loss of Fundamental Rights: Permanent loss of the right to vote, serve on a jury, hold public office (while incarcerated/on parole), and possess firearms.
• Professional License Revocation: Any state-issued license (nursing, law, teaching, plumbing, cosmetology) will be revoked immediately.
• Social Stigma & Isolation: The label of “armed robber” carries a lifelong social stigma that devastates personal relationships and community standing.
• Immigration Catastrophe: For non-citizens, this is an “aggravated felony” triggering mandatory, permanent deportation with no chance of asylum or cancellation of removal.

Common Scenarios & Defense Strategies We Employ

Armed robbery charges often stem from fast-paced, traumatic events where witness perceptions are flawed and evidence is circumstantial. Our defense begins by deconstructing the state’s case piece by piece.

Common Situations We Defend:

• Misidentification: The single greatest cause of wrongful convictions. In the stress of a robbery, victim and witness descriptions are notoriously unreliable.
• False Accusations: Individuals may falsely accuse someone during a drug deal gone bad, a personal dispute, or to cover for their own criminal involvement.
• Lack of a “Deadly Weapon”: The alleged weapon was a toy, a non-threatening object, or never actually seen—only implied by a hand in a pocket.
• Lack of Intent to Rob: The incident was a fight, dispute, or prank that escalated, but there was no underlying intent to permanently deprive someone of property.
• Coercion or Duress: You were forced to participate under immediate threat of death or serious harm to yourself or a loved one.

Proven Defense Strategies from Our Former Prosecutors:

• Attack Eyewitness Identification: We hire experts in eyewitness memory and identification procedures to demonstrate the inherent unreliability of the state’s key witnesses. We challenge biased line-ups, suggestive photo arrays, and cross-examine inconsistencies in descriptions.
• Challenge the “Deadly Weapon” Element: We argue the object did not qualify as a deadly weapon, or that the victim never saw a weapon and therefore could not have been placed in fear by one. We demand forensic testing on alleged weapons.
• Dispute Intent and Evidence of Theft: We scrutinize the evidence of what was taken, if anything. Was property actually obtained? Was the intent to temporarily take (like in a fight) versus to permanently steal?
• Alibi Defense: We construct an ironclad alibi using time-stamped evidence—surveillance video from other locations, cell phone tower pings, GPS data, and credible witness testimony—to prove you were somewhere else.
• Suppression of Evidence: We file motions to suppress identifications from unlawful procedures, statements taken in violation of your Miranda rights, or evidence seized during an illegal stop or search. A successful motion can cripple the state’s case.
• Negotiate Based on Weak Evidence: When the state’s case is weak on identification or the weapon element, we leverage that to negotiate a reduction to a lesser charge like robbery or theft, which carry far lower penalties.

Why Barton & Associates is Your Essential Defense Team

Facing an armed robbery charge means battling the state’s immense resources and the powerful emotional impact of the crime on a jury. You need a firm that can fight fire with fire.

• Former Violent Crimes Prosecutors: Our attorneys have prosecuted these exact cases. We know the playbook, the standard police procedures, and the psychological tactics used to secure convictions. We use this insight to anticipate and dismantle the state’s strategy.
• Immediate Investigation Unit: Time is evidence. We dispatch our own investigators within hours to canvas the scene, locate surveillance cameras the police missed, and interview witnesses before their stories become fixed by prosecution interviews.
• Access to Premier Expert Witnesses: We retain the nation’s leading experts in eyewitness identification, forensic analysis, and cell phone geolocation to provide testimony that creates reasonable doubt.
• A Reputation for Winning at Trial: Prosecutors know we are fully prepared, willing, and capable of taking any case to a jury trial. This reputation forces them to evaluate the true strength of their evidence and often leads to better pre-trial outcomes.

The First 48 Hours: Your Actions Determine Your Fate

From the moment of arrest, the system is building a case designed to incarcerate you for decades. Your response must be immediate and precise.

1. ABSOLUTELY INVOKE YOUR RIGHT TO REMAIN SILENT. Do not speak to detectives, police, or fellow inmates. Do not try to explain, give an alibi, or answer “just a few questions.” Anything you say will be used to fill holes in their case. State clearly: “I am invoking my Fifth Amendment right to remain silent. I will not speak without my attorney.”
2. DO NOT PARTICIPATE IN ANY LINEUPS OR IDENTIFICATION PROCEDURES. Politely refuse. These are designed to secure your identification, not to find the truth.
3. DO NOT DISCUSS THE CASE WITH ANYONE. All jail calls are recorded. Cellmates may be informants. Even conversations with family are not protected. Assume every word is being captured and will be used against you.
4. DEMAND AN ATTORNEY AND CONTACT BARTON & ASSOCIATES IMMEDIATELY. This is not a time for a court-appointed attorney. You need a dedicated, resource-rich defense team from the very first moment. We intervene to stop interrogations, argue for a reasonable bond, and begin our counter-investigation while evidence is fresh.

Your Life Is On The Line. Do Not Wait.

An armed robbery charge is a legal catastrophe that mandates an emergency response. The State of Texas will seek to remove you from society for as long as possible. Hoping for the best or relying on an overburdened public defender is a direct path to a life sentence in prison.

You have one chance to build the right defense. It starts the moment you choose your attorney.

Contact Barton & Associates immediately at 210-500-0000 for a confidential and urgent case evaluation. We will take immediate, decisive action to protect your rights and begin the fight to save your freedom.

Main Category: Criminal Defense
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000