San Antonio Robbery Attorney

Types of Robbery Charges We Defend in the San Antonio Area

Texas Robbery Laws: Robbery vs. Aggravated Robbery

In Texas, robbery isn't simply theft with extra paperwork. As noted, a person commits robbery when they cause bodily injury or place someone in fear of imminent bodily injury or death while committing or attempting theft. That confrontation element makes robbery a felony, unlike ordinary theft, which can be a misdemeanor, depending on the value of what’s taken.

Aggravated robbery applies when the robbery involves a deadly weapon, serious bodily injury, or an elderly or disabled victim. It's a first-degree felony with harsh penalties, including substantial fines and extensive prison time.

Penalties for Robbery and Aggravated Robbery in Texas

The penalties for robbery in Texas scale sharply based on what happened during the offense:

• Robbery: Robbery is a second-degree felony punishable by two to 20 years in prison and a fine up to $10,000. Probation, including deferred adjudication, may be available when the sentence is 10 years or less.
• Aggravated robbery: Aggravated robbery carries five to 99 years or life, and a fine up to $10,000. Because it is a "3g" offense, a judge cannot grant regular probation. A conviction requires serving half the sentence (or 30 years, whichever is less, and at least two years) before parole eligibility.
• Prior felony enhancement: A prior felony conviction can raise robbery to the first-degree range. Two sequential prior felonies can trigger the habitual-offender range of 25 to 99 years or life.
• Victim-based enhancement: If the victim is 65 or older or disabled, the charge rises to aggravated robbery, even without a weapon or serious injury.

These ranges are a starting point; the facts of your case determine where it actually lands.

Collateral Consequences of a Robbery Conviction

The consequences of a robbery conviction often go beyond the sentence itself and may include the following:

• A felony record visible on background checks for jobs, housing, and licensing;
• Loss of firearm rights under state and federal law;
• Immigration consequences for non-citizens, potentially including removal proceedings;
• Delayed parole eligibility tied to an aggravated robbery or deadly weapon finding;
• Damage to relationships and reputation that outlasts the case.

That is why early, skilled defense matters.

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Robbery investigations move fast in San Antonio and the surrounding counties, with key identification, surveillance, and witness evidence frequently being gathered in the days after an arrest. Contact Fowlks Law Firm today so our bonded, bilingual attorneys can review and challenge the evidence against you.

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Eyewitness Identification in Robbery Cases

Texas law allows a robbery conviction to rest entirely on one witness's word, without a single fingerprint or frame of video. That rule puts identification at the center of nearly every robbery case.

A few patterns show up repeatedly in robbery investigations across Bexar County and the surrounding counties:

• A witness shows up at the scene minutes after the incident and identifies whoever the police happen to have detained.
• A single photo is shown for confirmation rather than a proper array.
• A witness shares a description on social media before speaking to a detective.
• An agitated witness makes a cross-racial identification quickly in poor lighting conditions.

Any one of these circumstances can raise doubt about whether the right person was identified, and they’re what we focus on when cross-examining witnesses.

Texas Code of Criminal Procedure Article 38.20 requires every law enforcement agency to follow written photo and live lineup procedures. We request every photo array, lineup report, and officer's note related to an identification, and bring in outside consultants when needed.

Potential Defense Strategies for Robbery Charges

Every robbery case gives a skilled defense attorney multiple angles to work, and the strongest defense usually combines several of them. Here are some of the strategies our lawyers may use in your case.

Questioning Eyewitness Identification

As noted, robbery prosecutions often hinge on identification. We’ll consider:

• Mistaken identity: Stress and brief exposure can make identifications less reliable than jurors assume.
• Inconsistent statements: Early descriptions made to officers often conflict with courtroom testimony given months later.
• Contaminated memory: Once a witness sees a photo online or hears other witnesses' details, their original memories can be compromised.

A confident witness isn't the same as an accurate one, and the outcome of the entire case could rest on that important distinction.

Challenging Physical and Forensic Evidence

When the state's case relies on more than witness testimony, we’ll examine the evidence and probe for vital weaknesses, such as:

• Surveillance gaps: Footage that doesn’t show a face or is missing key time intervals may not be trustworthy.
• Missing weapon or property: If a weapon was never recovered, prosecutors may have little more than a description to prove it existed.
• Absence of DNA and fingerprints: In some instances, a lack of physical evidence can be enough to create reasonable doubt.

To convict, the evidence must prove every element beyond a reasonable doubt. Evidence that only fits the prosecution's assumptions falls short of that standard.

Constitutional Violations and Suppression Motions

Robbery investigations tend to move quickly, and speed sometimes comes at the expense of proper procedure. We know how to challenge:

• Illegal stops and searches: Evidence obtained through a stop without reasonable suspicion, or a search without a valid warrant or recognized exception, can be suppressed under the Fourth Amendment and Texas Code of Criminal Procedure Article 38.23.
• Improper lineups: Unnecessarily suggestive identification procedures can violate due-process protections.
• Miranda violations: Custodial statements taken without proper warnings, or after a request for a lawyer, can be excluded, and Texas adds its own recording and warning requirements under Article 38.22.

A successful suppression motion can dismantle the centerpiece of the prosecution's case before a jury ever hears it.

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The Legal Process for Robbery Cases in Texas

Robbery cases in Bexar, Comal, Guadalupe, and Kendall counties progress through several standard stages. Knowing what's ahead can help you protect your rights and make clear decisions.

• Arrest and booking: You'll be taken to the county jail where the arrest occurred, in San Antonio, New Braunfels, Seguin, or Boerne. Anything you say during your detainment can be used against you.
• Magistrate hearing and bond: A magistrate must see you within 48 hours of arrest. On aggravated robbery, the State may now ask the court to deny bail entirely under the 2025 constitutional amendment (Proposition 3), and you have a right to counsel at that hearing. Your attorney can argue for conditions that let you keep working and living at home.
• Grand jury review: For felony charges, a grand jury must decide whether the evidence supports a formal indictment.
• Arraignment and discovery: You’ll enter a plea (most likely not guilty) while your lawyer requests evidence like official reports, statements, and identification records.
• Pretrial motions and negotiation: Your attorney will file suppression motions and engage in plea talks with the county's criminal district attorney's office.
• Trial or resolution: If your lawyer can’t reach a fair resolution, your case will proceed to trial, where the state must prove every element beyond a reasonable doubt.

Most robbery cases resolve before trial, and a defense built on a strong evidentiary foundation gives you the best chance at a favorable result.