For Those Charged With a Crime
Aggravated Robbery Legal Defense
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There are not many crimes considered more dangerous than aggravated robbery. In fact, prosecutors in the Lone Star State vigorously go after defendants that face aggravated robbery charges. In Texas, aggravated robbery can lead to a First Degree Felony conviction, which can translate into life behind bars for defendants. Moreover, a First Degree Felony conviction can wreak havoc with your job prospects, as well as make it virtually impossible for anyone convicted of an aggravated robbery charge to secure housing.
Because of the severe ramifications of an aggravated robbery conviction in Texas, you cannot afford to cut corners when it comes to legal representation. For several years, criminal defense attorney Adam Capetillo has successfully defended dozens of clients that faced serious criminal charges. Adam and his team of aggravated robbery specialists thoroughly investigate aggravated robbery charges to determine the best defense to use during trial.
Overview of Aggravated Robbery in Texas
In Texas, aggravated robbery is robbery where a person causes serious bodily injury to another, uses or exhibits a deadly weapon, or causes bodily injury to another person over 65+ years old or disabled, or threatens or places another person over 65+ years old or disabled in fear of imminent bodily injury or death. Texas law defines robbery to be a theft where a person intentionally, knowingly, or recklessly causes bodily injury to another; or intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
An aggravated robbery sentence can run between five and 99 years, with some cases calling for the judge to issue a harsher life in prison sentence. Since armed robbery in Texas is labeled a “3g offense,” there is no chance for a defendant to get probation from a judge. If you face an aggravated robbery charge in Texas, you need to act with a sense of urgency by contacting criminal defense lawyer, Adam Capetillo.
Texas law makes an aggravated robbery charge much more serious, if the crime happened during a home invasion. The term home invasion combines the charge of aggravated battery with Burglary of Habitation charges. Prosecutors frequently seek stiffer sentences for home invasion cases, with the chance of reaching a plea deal low. Because of the seriousness of a home invasion charge, it is critical to get the legal ball rolling quickly by speaking with a Texas licensed criminal defense attorney.
Factors Determining Length of Prison Sentence
A first degree felony can trigger a lengthy prison sentence. How lengthy of a prison sentence depends on one or more of the following factors:
- Caused significant bodily damage
- Injured someone who is at least 65 years old
- Displayed a deadly weapon
- Injured someone who is disabled
- Threatened someone who is disabled with injury and/or death
Possible Defenses for Texas Armed Robbery Charges
During a trial for armed robbery, the prosecution has to prove “Beyond a reasonable doubt” that the defendant is guilty of committing aggravated robbery. Beyond a reasonable doubt is by far the toughest standard of proof in the American judicial system. It means any juror that has just a slight doubt as to the guilt of a defendant should vote not guilty. Beyond a reasonable doubt makes it easier for a skilled criminal defense lawyer such as Adam Capetillo to prove the innocence of clients.
Lack of Evidence
Adam Capetillo makes sure to closely examine each piece of the prosecution’s evidence, including every weapon allegedly used during the crime. If we can show your fingerprints were not on any of the weapons in question during the commitment of the armed robbery, this may lead to reasonable doubt that a jury needs to find someone Not Guilty at trial.
Improperly Obtaining Evidence
The United States Constitution established procedures for law enforcement officers to use when attempting to collect evidence. First, they must have probable cause to request a search warrant for your car, home, or place of employment. Then, law enforcement officers must apply for a search warrant, since the Constitution forbids unlawful searches and seizures. Finally, law enforcement officers must read your Miranda rights once you are arrested, which informs and individual of their right to remain silent and the right to an attorney.
Work with Capetillo Law Firm
You bet the ranch that the prosecution for a Texas armed robbery case will be stock full of experienced criminal justice litigators. Make sure you even the legal playing field by working with highly rated Texas criminal defense lawyer, Adam Capetillo.