Charge: Aggravated Robbery with a Deadly Weapon

Punishment: First Degree Felony, 5 – 99 years in prison.

Under Texas Penal Code 29.03, aggravated robbery:

(a) a person commits an offense if he commits robbery as defined in Section 29.02, and he:

(2) uses or exhibits a deadly weapon.

Texas Penal Code 29.02 defines robbery as:

(a) a person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:

(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

Our client was charged with aggravated robbery with a deadly weapon under Texas Penal Code 29.02 and 29.03. From the beginning our firm recognized the case was overcharged and eventually the State realized they were unable to prove their case beyond a reasonable doubt. One week prior to trial, the case was dismissed.