Armed robbery in Texas is charged as aggravated robbery, a first-degree felony that carries 5 to 99 years or life in prison and a fine of up to $10,000.1State of Texas. Texas Penal Code 12.32 – First Degree Felony Punishment A judge cannot grant probation after conviction, and parole eligibility is delayed far longer than for most felonies. The charge applies whether the weapon was a gun, a knife, or something a prosecutor can convince a jury was used as a deadly weapon.
What Makes a Robbery “Armed” in Texas
Texas Penal Code § 29.03 elevates a robbery to aggravated robbery under any of three circumstances:2State of Texas. Texas Code Penal Code 29.03 – Aggravated Robbery
- The person uses or displays a deadly weapon during the robbery.
- The person causes serious bodily injury to someone during the robbery, whether or not a weapon is involved.
- The victim is 65 or older, or is a person with a disability, and the robber causes any bodily injury or threatens harm.
All three paths produce the same first-degree felony charge. Many people assume armed robbery requires a gun. In Texas it does not. Beating someone badly enough during a theft, or robbing a 70-year-old, lands you in the same place as pulling a pistol.
What Counts as a Deadly Weapon
Texas defines “deadly weapon” two ways. The first is obvious: a firearm, or anything specifically designed to cause death or serious injury. The second is broader: anything that, in the way it is used or intended to be used, is capable of killing someone or causing serious harm.3State of Texas. Texas Penal Code PENAL 1.07
That second prong is where prosecutors get creative. Texas courts have treated cars, bats, bricks, and even boots as deadly weapons when the facts supported it. The question is not what the object was built for. It is whether, in that specific situation, it could kill someone or cause serious injury. A pocket knife sitting in your pocket is a tool. Held to someone’s throat during a robbery, it is a deadly weapon.
Prison Time, Fines, and Restitution
The sentencing range is 5 to 99 years or life, with a fine up to $10,000. Where a defendant lands inside that enormous spread depends on whether anyone was hurt, prior criminal history, the type of weapon, and how the robbery played out.
On top of prison, a judge may order restitution directly to the victim. Restitution can cover the value of stolen or damaged property, medical expenses from injuries, and other costs the victim incurred because of the crime. If the court chooses not to order restitution, or orders only partial restitution, the judge must explain why on the record.4State of Texas. Texas Code of Criminal Procedure CRIM P Art. 42.037 – Restitution Victims can also sue separately in civil court, where the burden of proof is lower than in a criminal case.
Why Probation Is Off the Table
Aggravated robbery is a “3g” offense, named for the old section of the code where these restrictions first lived. Today, Article 42A.054 of the Texas Code of Criminal Procedure lists aggravated robbery among the offenses for which a judge cannot grant community supervision after a conviction.5State of Texas. Texas Code of Criminal Procedure Article 42A.054
One narrow exception exists. A jury, not a judge, can recommend probation at sentencing. The defendant must have no prior felony convictions, and the jury must specifically decide that prison is not appropriate and that the person can safely return to the community. Juries rarely grant this for aggravated robbery, but it stays on the table where the facts allow.
How Long Before Parole
Parole eligibility is heavily restricted. Under Texas Government Code § 508.145, a person convicted of aggravated robbery must serve actual calendar time, without credit for good behavior, equal to one-half of the sentence or 30 years, whichever is less. The minimum is two calendar years regardless of sentence length.6State of Texas. Texas Government Code Section 508.145 – Eligibility for Release on Parole
A 20-year sentence means at least 10 years of real time before the parole board will even consider the case. Eligibility is not release. The board can deny parole and send the inmate back to wait another review cycle.
Life After the Sentence
The consequences of an aggravated robbery conviction extend well past the day of release.
Firearms
Under Texas Penal Code § 46.04, a person convicted of any felony cannot possess a firearm for five years after release from prison or supervision, whichever comes later. After those five years, possession is legal only at the person’s own home. Carrying a firearm anywhere else, at any point, is a third-degree felony.7State of Texas. Texas Penal Code PENAL 46.04 Federal law is stricter: a felony conviction permanently bars firearm possession, with no home exception.
Immigration
For non-citizens the consequences can be devastating. Under federal immigration law, a theft offense carrying a prison term of at least one year qualifies as an “aggravated felony,” a term of art that triggers severe consequences regardless of what the state calls the crime.8Office of the Law Revision Counsel. 8 USC 1101 – Definitions A non-citizen convicted of an aggravated felony faces mandatory detention, deportation, and permanent ineligibility for asylum, cancellation of removal, and most other forms of immigration relief. Even lawful permanent residents can be deported with limited ability to appeal.9U.S. Citizenship and Immigration Services. Conditional Bars for Acts in Statutory Period
Work and Housing
A first-degree felony conviction appears on background checks indefinitely. Most Texas employers can legally weigh felony convictions in hiring, and whole industries including healthcare, education, finance, and law enforcement are effectively closed. Housing applications routinely screen for violent felony records, which makes securing a rental difficult after release.
When the Case Goes Federal
Most armed robberies in Texas are prosecuted in state court. Some circumstances pull a case into the federal system, where the penalties and rules change.
Bank Robbery
Robbing a federally insured bank, credit union, or savings institution is a federal crime under 18 U.S.C. § 2113. A basic robbery by force or intimidation carries up to 20 years. If the robber uses a dangerous weapon or puts someone’s life at risk, the maximum climbs to 25 years. If someone dies or is kidnapped during the robbery or the escape, the mandatory minimum is 10 years and the maximum is life.10Office of the Law Revision Counsel. 18 USC 2113 – Bank Robbery and Incidental Crimes
Robbery Affecting Interstate Commerce
The Hobbs Act, 18 U.S.C. § 1951, makes it a federal crime to commit robbery in a way that affects interstate commerce, even indirectly. Robbing a convenience store that sells products shipped across state lines, or a business that serves out-of-state customers, can give federal prosecutors jurisdiction. The penalty is up to 20 years in federal prison.11Office of the Law Revision Counsel. 18 USC 1951
Firearm Stacking Under § 924(c)
Using a firearm during any federal robbery charge triggers a separate mandatory sentence under 18 U.S.C. § 924(c). Simply having the gun adds a minimum of 5 years. Brandishing it raises that to 7. Firing it means at least 10. Those sentences run consecutively to the sentence for the underlying robbery, and judges have no discretion to reduce them.12Office of the Law Revision Counsel. 18 USC 924 A second § 924(c) conviction in the same case jumps to a 25-year mandatory minimum. This stacking is where federal armed robbery sentences become extreme.
Defenses That Come Up Most Often
Every case turns on its own facts, but a few defenses recur in Texas aggravated robbery cases.
Misidentification is probably the most common, especially in cases without DNA or fingerprint evidence. Robberies happen fast, victims are under extreme stress, and eyewitness memory is unreliable. Poor lighting, masks, and brief encounters all contribute to identification errors that a skilled attorney can expose at trial.
Lack of intent challenges whether the prosecution can prove the defendant actually meant to steal and to use force. Aggravated robbery requires both a theft and a violent act. If the defense can show the injury was accidental or the situation was misread, the charge may not hold.
Challenging the weapon element matters when the alleged deadly weapon is not a firearm. If prosecutors claim a common object was used as a deadly weapon, the defense can argue that the object was not actually capable of causing serious harm the way it was used. Knocking out the weapon element drops the charge from aggravated robbery to standard robbery, a meaningful difference in sentencing range and parole eligibility.
Duress applies when the defendant committed the robbery because someone threatened them or a family member with serious harm. The threat has to be immediate and credible, and the response has to be proportional. It comes up most often with coerced younger defendants pressured by co-conspirators.
Alibi remains the most straightforward defense. If the defendant can establish they were somewhere else when the robbery occurred, the case falls apart regardless of the other evidence.