Common Defenses Used in Texas Robbery Cases: Legal Strategies to Consider

Robbery charges in Texas carry severe consequences, often involving lengthy prison sentences, heavy fines, and a permanent criminal record that can alter one’s life forever. Because of the serious nature of these charges, individuals accused of robbery need to be aware of the legal defenses available to them. The Texas Penal Code defines robbery as committing theft with the intent to obtain or maintain control of property while intentionally or knowingly causing bodily injury to another, or threatening or placing another in fear of imminent bodily injury or death. Given the broad scope of what can constitute a robbery under Texas law, there are various defenses that can be employed to challenge these charges.

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Understanding the Burden of Proof in Texas Robbery Cases

The cornerstone of any criminal defense is understanding that the burden of proof lies with the prosecution. In Texas robbery cases, the prosecution must prove beyond a reasonable doubt that the accused committed the crime as defined under state law. This means that every element of the robbery must be established with substantial evidence, leaving no reasonable doubt in the mind of the jury. One of the most common strategies employed by defense attorneys is to challenge the prosecution’s ability to meet this high standard. If the prosecution’s evidence is insufficient or if there are inconsistencies in the testimonies of witnesses, the defense may argue that the prosecution has failed to prove its case beyond a reasonable doubt. This can lead to an acquittal or a reduction of charges.

Challenging the Identification of the Accused

One of the most effective defenses in a Texas robbery case is to challenge the identification of the accused. Misidentification is a frequent issue in criminal cases, and it can occur due to various factors such as poor lighting, stress, or the brief duration of the encounter. Eyewitnesses may genuinely believe they have identified the correct individual, but their memories can be unreliable. A defense attorney may question the credibility of the eyewitnesses, the conditions under which the identification was made, and whether proper procedures were followed during any police lineups or photo arrays. By casting doubt on the accuracy of the identification, the defense can undermine the prosecution’s case.

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Deandra M. Grant

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Makenzie Zarate

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Texas Attorney Kevin Sheneberger

Kevin Sheneberger

Criminal Division Associate

Arguing Lack of Intent to Commit Robbery

In Texas, robbery requires intent to commit theft coupled with an act that places another person in fear of imminent bodily injury or death. If the defense can show that the accused did not have the requisite intent to commit robbery, the charges may not hold. For instance, if the accused took property without using or threatening force, this may be argued as theft rather than robbery, which is a less severe charge. The defense might also argue that the accused believed they had a right to the property, negating the intent to steal. By focusing on the element of intent, the defense can work to reframe the incident in a way that reduces the severity of the charges.

Self-Defense and Defense of Others

In some cases, the accused may admit to using force or threatening another person but argue that they did so in self-defense or in defense of others. Texas law allows individuals to use reasonable force to protect themselves or others from harm. If the defense can show that the accused was acting in response to an immediate threat, and that their actions were proportionate to the threat faced, this may serve as a complete defense to robbery charges. The success of this defense often hinges on the circumstances surrounding the incident, including whether the accused had a reasonable belief that force was necessary to prevent harm.

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Duress as a Defense in Robbery Cases

Another potential defense in Texas robbery cases is duress. This defense applies when the accused committed the robbery under threat of imminent harm from another person. If the accused can demonstrate that they were forced to commit the crime because they reasonably believed that failing to do so would result in serious injury or death, the defense of duress may be applicable. It is important to note that duress cannot be used as a defense if the accused voluntarily placed themselves in a situation where they would likely be coerced into committing a crime. However, when applicable, this defense can significantly impact the outcome of a case.

Mistaken Identity and Alibi Defense

A mistaken identity defense arises when the accused asserts that they were not the person who committed the robbery. This can be a strong defense, particularly if the accused has an alibi that places them elsewhere at the time the crime was committed. An alibi defense involves providing evidence that the accused was in a different location when the robbery took place, making it impossible for them to have been involved in the crime. Alibi evidence can come from various sources, including surveillance footage, witness testimony, or digital records such as phone location data. By presenting a credible alibi, the defense can create reasonable doubt about the accused’s involvement in the robbery.

Lack of Sufficient Evidence

In any criminal case, the prosecution must present sufficient evidence to support a conviction. In robbery cases, this includes evidence of the theft, the use of force or threat, and the identification of the accused as the perpetrator. If the defense can demonstrate that the evidence is weak, inconsistent, or entirely lacking, this can lead to a dismissal of charges or an acquittal. For example, if the prosecution’s case relies heavily on circumstantial evidence without direct proof, the defense may argue that there is insufficient evidence to support a conviction. Additionally, if key pieces of evidence were obtained unlawfully, the defense might seek to have them excluded from the trial, further weakening the prosecution’s case.

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Challenging the Voluntariness of Confessions

Confessions can play a critical role in robbery cases, but their admissibility can be challenged if they were not given voluntarily. Under Texas law, confessions must be made freely and voluntarily, without coercion, threats, or promises of leniency. If the defense can show that the confession was obtained through improper means, such as through intimidation by law enforcement or while the accused was under duress, the confession may be ruled inadmissible in court. This can significantly weaken the prosecution’s case, especially if the confession is a key piece of evidence. Defense attorneys may also argue that the accused was not properly informed of their rights before making the confession, further undermining its credibility.

The Role of Consent in Robbery Cases

While rare, there are instances where the defense might argue that the alleged victim consented to the taking of property, thereby negating the robbery charge. For example, if the accused believed that the alleged victim had willingly given them the property, the defense might argue that no theft occurred. Consent as a defense typically requires strong evidence, such as prior agreements or communications between the parties involved. Although this defense is not commonly used in robbery cases, it can be effective in situations where the nature of the interaction between the accused and the alleged victim is in dispute.

Exploring Alternative Explanations and Misunderstandings

Robbery cases often involve complex situations where misunderstandings and alternative explanations may arise. The defense might argue that what appeared to be a robbery was actually a misunderstanding or a situation that was misconstrued by witnesses or law enforcement. For instance, if the accused was engaged in a heated argument over property ownership and tempers flared, leading to an altercation, the defense might argue that no robbery occurred, but rather a dispute over rightful ownership. By presenting an alternative narrative that explains the events without criminal intent, the defense can create reasonable doubt in the minds of the jurors.

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

The Importance of a Strong Defense Strategy

Given the severe penalties associated with robbery convictions in Texas, it is crucial to have a strong defense strategy tailored to the specifics of the case. An experienced defense attorney will carefully examine all aspects of the case, including the evidence, witness statements, and the actions of law enforcement. They will consider all possible defenses, from challenging the identification of the accused to arguing that the prosecution has not met its burden of proof. By meticulously building a defense, the attorney can advocate for the best possible outcome for the accused, whether that involves securing an acquittal, reducing the charges, or negotiating a favorable plea deal.

Navigating the Complexities of Texas Robbery Laws

Texas robbery laws are complex, and the consequences of a conviction can be life-altering. Understanding the defenses available is essential for anyone facing such charges. The nuances of each case will determine which defenses are most appropriate, and a knowledgeable attorney can provide valuable guidance in navigating the legal process. The stakes are high in robbery cases, and the difference between a conviction and an acquittal often lies in the effectiveness of the defense strategy employed.

If you or a loved one is facing robbery charges in Texas, it is vital to seek legal representation from a law firm with a deep understanding of the law and a proven track record in defending clients against serious criminal charges. Deandra Grant Law is committed to providing vigorous and strategic defense for those accused of robbery. Our team will thoroughly investigate your case, challenge the prosecution’s evidence, and work tirelessly to protect your rights. Contact Deandra Grant Law today to schedule a consultation and begin building your defense. Your future may depend on the choices you make now.

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