Robbery Defense Attorney in El Paso
A Robbery Charge Is Serious — So Is Our Commitment to You
Robbery crimes in El Paso are taken seriously, prosecuted under Texas Penal Code §29.02. This statute defines robbery as committing theft with the intent to control property while intentionally causing bodily harm or threatening harm. Understanding the specifics of how robbery is prosecuted in El Paso is crucial for devising an effective defense strategy.
At Benjamin Law Firm, we recognize the severity of robbery charges, which can result in long-term imprisonment and substantial fines. Our legal team combines a deep understanding of Texas law with a commitment to protecting your rights, offering a robust criminal defense in El Paso to combat these serious charges.
El Paso's geographic proximity to the border with Mexico introduces additional complexities to robbery cases, potentially involving federal jurisdictions or cross-border legal issues. Our robbery defense attorneys in El Paso are experienced in navigating both state and federal legal systems, ensuring a defense strategy that accounts for these distinctive challenges.
A skilled robbery attorney in El Paso is ready to fight for your rights. Call (915) 320-6730 today or contact us online to schedule your free legal consultation and begin protecting your future.
Understanding Robbery Charges in Texas (Texas Penal Code § 29.02)
In Texas, robbery is defined under Texas Penal Code Section 29.02. This statute clearly distinguishes robbery from simple theft by incorporating elements of force, threat, or fear.
Key Elements of Robbery:
- In the course of committing theft: This element is broad. It means the conduct occurs during the commission of the theft, during an attempt to commit theft, or in immediate flight after the attempt or commission. This encompasses not just the act of taking, but also the struggle to retain property or escape after a theft.
- Intent to obtain or maintain control of the property: The individual must have intended to take or keep the property.
- Bodily Injury or Fear: This is the defining characteristic that elevates theft to robbery.
Robbery is typically a Second-Degree Felony in Texas. This means the standard punishment range is 2 to 20 years in state prison and a fine of up to $10,000. For anyone accused of this serious crime, securing a dedicated robbery attorney in El Paso is paramount.
Aggravated Robbery Charges in Texas (Texas Penal Code § 29.03)
Aggravated robbery is an even more severe offense than standard robbery, carrying significantly harsher penalties. It is defined under Texas Penal Code Section 29.03.
A person commits aggravated robbery if they commit robbery as defined in Section 29.02, AND they:
- Cause serious bodily injury to another; OR
- Use or exhibit a deadly weapon; OR
- Cause bodily injury to another person or threaten or place another person in fear of imminent bodily injury or death, if the other person is 65 years of age or older or a disabled person.
Strength for the Battle Ahead Turning Challenges Into Triumphs
Here's What Sets Benjamin Law Firm Apart
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Strong Legal Relationships
Our connections with colleages in the field, law enforcement, and prosecutors enhance our ability to advocate for you.
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Board-Certified Attorney
Founding attorney Brock Benjamin is one of only six certified criminal law attorneys in El Paso County.
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Client-Centered Approach
We prioritize your needs, keeping you informed and treating you with dignity throughout the entire legal process.
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Aggressive Defense Strategy
We conduct thorough investigations and leverage our nearly 100 jury trials to create effective strategies tailored to your case.
Penalties for Robbery Convictions in Texas
The penalties for robbery and aggravated robbery in Texas are among the most severe in the state's criminal justice system. A conviction for either offense will lead to a felony record and profound, long-lasting consequences.
Robbery (Second-Degree Felony):
- Incarceration: 2 to 20 years in a Texas state prison.
- Fines: Up to $10,000.
- Probation/Community Supervision: While probation is theoretically possible for a second-degree felony, it is very rare in robbery cases, especially in El Paso, given the violent nature of the crime. If granted, it would involve strict conditions and potentially a period of deferred adjudication.
Aggravated Robbery (First-Degree Felony):
- Incarceration: 5 to 99 years, or life, in a Texas state prison.
- Fines: Up to $10,000.
- No Probation from Judge: For aggravated robbery, a judge cannot grant "probation" (community supervision) if there is an affirmative finding of a deadly weapon. A jury can recommend probation if the assessed sentence is 10 years or less and there is no deadly weapon finding. However, given the nature of aggravated robbery, a deadly weapon finding is very common.
Stages of a Robbery Case in El Paso, TX
From arrest through trial, each stage of a robbery case requires careful navigation:
- Arrest & Arraignment: After an arrest, the accused is arraigned in El Paso County Court. Here, we work to ensure your rights are safeguarded and advocate for fair bail conditions.
- Pre-Trial & Discovery: During this phase, evidence is thoroughly examined, and we negotiate with prosecutors. Our meticulous investigation aims to uncover any weaknesses in the prosecution's case.
- Trial: With skillful representation, our robbery criminal lawyers in El Paso present a robust defense strategy, aiming to raise reasonable doubt about any prosecution claims.
Beyond these stages, we often engage in discussions with local law enforcement and prosecutorial offices, potentially mitigating charges or reducing their severity before a case proceeds to trial. Effectively leveraging pre-trial motions can significantly influence the outcome of the case.
What Sets Benjamin Law Firm Apart in Robbery Defense
Our team, led by Brock Morgan Benjamin and Bryan Herrera, stands out in El Paso for several reasons:
- Proven Track Record: With a success rate exceeding 90% across over 2,000 cases, our track record speaks volumes about our dedication and effectiveness.
- Board Certification: As one of the few Board Certified Criminal Law attorneys in El Paso County, Brock Morgan Benjamin provides a level of legal service that assures clients of high-quality representation.
- Comprehensive Legal Reach: Our firm practices in major court districts in both Texas and New Mexico, offering both local expertise and expansive jurisdictional reach.
- Bilingual Services: Being bilingual, we ensure accessible legal representation for El Paso’s diverse client base.
Moreover, our commitment to client-centered representation means we invest significant time in understanding the unique aspects of each case. We collaborate closely with clients to craft personalized defense strategies that address their specific circumstances, enhancing our ability to achieve favorable outcomes in robbery criminal defense.
Take Action with Benjamin Law Firm
Facing robbery charges can be daunting, but you don’t have to navigate this challenging time alone. At Benjamin Law Firm, we are committed to guiding you through the legal process with the professional, client-centered service we are known for.
Taking the first step towards a solid defense can relieve significant stress. With our comprehensive services, strategic approach, and supportive legal team, we aim to provide not only legal solutions but also reassurance and clarity during this trying period. Reach out today to explore how we can assist you in securing your rights and future.
Call (915) 320-6730 or reach out online to discuss your case details. Let us help shoulder your legal burdens, so you can focus on moving forward with confidence.
When the stakes are this high, you want a team with a track record of wins. Check out some of our recent case results and see the difference an experienced team of advocates can make.
Frequently Asked Questions
How is robbery different from theft?
In Texas, robbery is a more severe offense than theft because it involves the use of force or fear during the act of stealing. Theft is simply the unlawful taking of someone else's property, while robbery adds an element of violence or intimidation. This distinction brings harsher penalties for robbery, making a strong robbery defense attorney in El Paso vital.
What are the penalties for robbery in El Paso?
The penalties for robbery in El Paso can be severe. A conviction might lead to imprisonment ranging from 2 to 20 years and fines up to $10,000. If charged with aggravated robbery, where severe bodily injury is inflicted or a weapon is used, the consequences can escalate, leading to longer sentences and heftier fines. Skilled legal representation is essential to minimizing these outcomes.
Aside from imprisonment and fines, a robbery conviction results in long-term implications such as loss of employment, housing difficulties, and restrictions on civil liberties. The social stigma of a criminal record can be life-altering, underscoring the importance of a robust robbery criminal defense in El Paso to protect your future interests.
What should I do if I'm accused of robbery?
If you’re accused of robbery, exercise your right to remain silent and request an attorney immediately. Gather supporting evidence and refrain from making statements to law enforcement without your attorney present to protect your rights and strengthen your defense. Taking immediate action by documenting any alibis or witness statements and maintaining a record of the events leading up to the accusation can be invaluable.
How can Benjamin Law Firm help in a robbery defense?
Our firm offers a tailored defense strategy that prioritizes your rights and aims to achieve the best possible outcome. We conduct thorough case investigations, challenge the validity of evidence, and leverage our extensive court experience to navigate the complexities of robbery charges. As trusted professionals in the legal community, our focus is on securing fair results that protect your future.
Why is local expertise important in robbery cases?
Local expertise is invaluable as we understand the specific nuances of El Paso courts and law enforcement practices. Our familiarity with local prosecutors and judges enables us to craft more effective robbery criminal defense strategies. This localized knowledge, combined with our comprehensive legal skills, positions Benjamin Law Firm as a valuable ally in navigating your robbery case.
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"Nothing Short of Amazing"
He did a thorough investigation of the facts and communicated every detail with me. Whenever I was in doubt, I’d call him.- Trish K. -
"An Amazing Attorney"
Brock is an amazing attorney!! He is very attentive to any and all questions I had. He gets back to you quickly if he misses a call from you. He makes you feel like family!- Joe A.
