Robbery in Texas: Penalties, 3g Parole, and Defenses

Robbery charges in Texas are felonies from the start. A standard robbery is a second-degree felony punishable by 2 to 20 years in prison, and an aggravated robbery is a first-degree felony punishable by 5 to 99 years or life.¹² Which level you face depends on three things: whether a deadly weapon was involved, whether anyone was seriously hurt, and whether the person robbed was elderly or disabled.

What Texas Law Counts as Robbery

You commit robbery under Texas Penal Code § 29.02 if, in the course of committing theft, you intentionally, knowingly, or recklessly cause bodily injury to another person, or you intentionally or knowingly threaten someone with imminent bodily injury or death.³ “In the course of committing theft” covers the attempt, the taking itself, and the immediate flight afterward.

The injury threshold is low. “Bodily injury” means physical pain, illness, or any impairment of physical condition, so a shove that causes pain can satisfy the statute.⁴ No actual injury is required if the person reasonably believed harm was imminent. Telling a cashier “give me the money or I’ll hurt you” satisfies the threat element without any physical contact. The force or threat does have to connect to taking or keeping the property; a fight that happens near someone’s wallet is not robbery unless the force was used to take it.

When a Robbery Becomes Aggravated Robbery

Any one of three circumstances pushes the charge up to a first-degree felony under § 29.03:⁵

A deadly weapon was used or displayed. Firearms and knives qualify, and so does any object capable of causing death or serious bodily injury based on how it was used. Cars, bats, and even boots have been treated as deadly weapons in Texas cases.⁴
The victim suffered serious bodily injury, meaning an injury creating a substantial risk of death, permanent disfigurement, or long-term loss of function in a body part or organ. Broken bones, stab wounds, and traumatic brain injuries typically clear that line. Ordinary bruises or cuts generally do not.⁴
The person robbed was 65 or older, or had a mental, physical, or developmental disability that substantially limited their ability to protect themselves. This applies even if the only force was a threat.

Prison Time and Fines

A second-degree robbery conviction carries 2 to 20 years in the Texas Department of Criminal Justice, plus a possible fine up to $10,000.¹ Fines go to the state and are separate from any restitution the court orders to the victim for stolen property or medical expenses.

Aggravated robbery sits at the top of the felony scale: 5 to 99 years or life, with the same $10,000 fine cap.² Even the five-year minimum means years in prison before any question of release.

Priors Raise the Floor

A prior felony conviction bumps the punishment to the next level up. Second-degree robbery with one prior felony is punished as a first-degree felony, 5 to 99 years or life. A first-degree aggravated robbery with one prior felony carries a 15-year minimum instead of 5.⁶

Two qualifying prior felony convictions, where the second became final after the first, push the range to 25 to 99 years or life.⁶ For anyone with a record, this is often the central issue in a case.

Parole: The 3g Rule

Aggravated robbery is a “3g offense.” That classification means you must serve at least half your sentence in actual calendar time, with no credit for good conduct, before you are even eligible to be considered for parole. The cap is 30 years, the floor is two years, no matter the sentence.⁷

The 3g restrictions also attach to a standard robbery whenever the judgment contains an affirmative finding that a deadly weapon was used.⁸ A 20-year second-degree robbery sentence with a deadly-weapon finding means no parole eligibility for 10 actual years. Without that finding, non-3g offenders typically become eligible after serving a quarter of their sentence or 15 years, whichever is less, with good-conduct credits applied. The deadly-weapon finding is one of the most consequential entries in any robbery judgment.

How Robbery Differs From Theft and Burglary

These three charges often get confused, and the distinction matters because the penalties are nothing alike. Theft is taking property without consent, with no confrontation required; theft under $2,500 is usually a misdemeanor. Burglary is entering a building without permission intending to commit a crime inside. Robbery requires a direct encounter with another person and the use of force or a threat to take property, which is why it is a felony regardless of the value of what was taken.

How Long Prosecutors Have to File

Texas gives the state five years from the date of the offense to indict most felony robbery cases, including aggravated robbery.⁹ The clock runs from the date of the crime, not from when a suspect is identified. Certain circumstances can pause it, such as a defendant who flees the state, but the baseline is five years.

Defenses That Come Up in Texas Robbery Cases

Defense strategy depends on the specific facts, but several arguments show up repeatedly:

Mistaken identity. Robberies often involve brief encounters, poor lighting, and high stress, which makes eyewitness identification unreliable. Alibi witnesses, surveillance footage, cell-site location data, and forensic evidence can point to someone else.
No intent to steal. Robbery requires that force or threats occurred during a theft. A fight unconnected to taking property may support assault charges but does not fit the robbery statute.
No force or threat. If property was taken without any confrontation, the right charge is theft, not robbery. Grabbing an item off a counter and running, with no contact or verbal threat, may fall short of the robbery threshold.
Duress. A defendant who participated under a credible threat of serious harm to themselves or their family may raise duress. It does not guarantee acquittal, but credible proof of coercion can reduce or dismiss charges.

What a Conviction Costs Beyond Prison

The sentence is only part of it. A robbery conviction creates a permanent felony record with consequences that outlast release.

Federal law bars anyone convicted of a crime punishable by more than a year in prison from possessing firearms or ammunition.¹⁰ Both robbery and aggravated robbery in Texas clear that threshold, so a conviction means losing gun rights under federal law. Restoration is possible in limited circumstances, but for violent felonies the path is narrow.

Professional licensing boards can deny or revoke credentials based on felony convictions, especially those involving violence or dishonesty. Healthcare, education, law enforcement, and finance are commonly affected. Some boards weigh the nature of the offense, time elapsed, and rehabilitation; others impose automatic bars for violent crimes. A felony record also surfaces in housing applications, employment background checks, and eligibility for certain federal benefits, and those effects can persist for decades.

1
State of Texas. Texas Penal Code 12.33 – Second Degree Felony Punishment
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State of Texas. Texas Penal Code 12.32 – First Degree Felony Punishment
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State of Texas. Texas Penal Code Section 29.02 – Robbery
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State of Texas. Texas Penal Code 1.07 – Definitions
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State of Texas. Texas Penal Code Section 29.03 – Aggravated Robbery
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State of Texas. Texas Penal Code 12.42 – Penalties for Repeat and Habitual Felony Offenders
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State of Texas. Texas Government Code 508.145 – Eligibility for Release on Parole
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Texas Department of Criminal Justice. Parole in Texas
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State of Texas. Texas Code of Criminal Procedure Article 12.01 – Felonies
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Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts