Robbery penalties in Texas start at 2 to 20 years in prison for a second-degree felony and climb to 5 to 99 years or life for aggravated robbery, a first-degree felony. Both carry fines up to $10,000. What separates them is whether a weapon was used or displayed, whether serious bodily injury occurred, or whether the victim was elderly or disabled. And for aggravated robbery, a separate rule on parole eligibility often matters more than the sentence number itself.
What Makes It Robbery in the First Place
Under Texas Penal Code Section 29.02, a theft becomes a robbery when the person committing it either causes bodily injury to someone (intentionally, knowingly, or recklessly) or intentionally threatens someone with imminent bodily injury or death. The force or threat has to be tied to the intent to obtain or keep control of the property.1State of Texas. Texas Penal Code 29.02 – Robbery
Section 29.01 defines “in the course of committing theft” to cover the attempt, the theft itself, and the immediate flight afterward.2State of Texas. Texas Penal Code Chapter 29 – Robbery A shove of a store employee on the way out with unpaid merchandise can qualify. The value of the property is not part of the equation. A $5 item and a $5,000 item carry the same exposure once force enters the picture.
Penalties for Standard Robbery
Standard robbery is a second-degree felony.1State of Texas. Texas Penal Code 29.02 – Robbery The punishment range under Section 12.33 is:
- 2 to 20 years in the Texas Department of Criminal Justice
- A fine of up to $10,0003State of Texas. Texas Penal Code 12.33 – Second Degree Felony Punishment
Robbery cases are tried in district courts, which have original jurisdiction over felonies.4State of Texas. Texas Code of Criminal Procedure 4.05 – Jurisdiction of District Courts On top of prison time and fines, the court can order restitution: return of the stolen property, or payment of its value at the time of the offense or at sentencing, whichever is greater. When the robbery caused injury, restitution can also cover the victim’s medical and related expenses.5State of Texas. Texas Code of Criminal Procedure 42.037 – Restitution
Standard robbery follows normal parole eligibility rules. That becomes important when comparing it against the aggravated version.
Penalties for Aggravated Robbery
Aggravated robbery under Section 29.03 is a first-degree felony, the most serious non-capital classification Texas recognizes.6State of Texas. Texas Penal Code 29.03 – Aggravated Robbery The range under Section 12.32:
- 5 to 99 years, or life, in the Texas Department of Criminal Justice
- A fine of up to $10,0007State of Texas. Texas Penal Code 12.32 – First Degree Felony Punishment
Three circumstances turn a standard robbery into an aggravated one:
- The defendant causes serious bodily injury, meaning harm that creates a substantial risk of death, causes permanent disfigurement, or leads to protracted loss or impairment of a body part or organ.8State of Texas. Texas Penal Code 1.07 – Definitions
- The defendant uses or exhibits a deadly weapon. That category includes firearms and knives, and also any object capable of causing death or serious injury in the manner it’s used or intended to be used. Displaying the weapon is enough; it need not be fired or used to strike.6State of Texas. Texas Penal Code 29.03 – Aggravated Robbery
- The victim is 65 or older, or has a mental, physical, or developmental disability that substantially prevents self-protection.6State of Texas. Texas Penal Code 29.03 – Aggravated Robbery
The elderly and disability triggers stand on their own. A purse-snatching with a verbal threat against a 70-year-old victim can be charged as aggravated robbery without any weapon or serious injury.
Why the 3g Designation Changes the Real Sentence
Sentence numbers only tell part of the story for aggravated robbery. It is classified as a “3g offense” under Article 42A.054 of the Texas Code of Criminal Procedure, and that designation controls when a person can be considered for parole.
Under Texas Government Code Section 508.145, someone convicted of a 3g offense is not eligible for parole until they have served at least half their sentence in actual calendar time. Good conduct credit does not count toward that half. The minimum wait is two years no matter how short the sentence, and the maximum is 30 calendar years.9State of Texas. Texas Government Code 508.145 – Eligibility for Release on Parole
A 40-year sentence for aggravated robbery means no parole consideration until 20 real years have passed. A 20-year sentence means 10 years before the parole board can even look at the case. Non-3g offenses allow good-time credits to accelerate eligibility, so a standard robbery sentence of the same length will typically play out very differently in practice.
The 3g designation also restricts community supervision. A judge cannot place someone convicted of aggravated robbery on probation as an alternative to prison; only a jury can do so, and only in limited circumstances. Standard robbery does not carry these restrictions.
Enhancements for Prior Felony Convictions
Prior felony convictions raise the punishment range under Texas Penal Code Section 12.42. Prosecutors allege the priors in the charging instrument and prove them during the punishment phase.
- With one prior felony, standard robbery is punished as a first-degree felony: 5 to 99 years or life.10State of Texas. Texas Penal Code 12.42 – Penalties for Repeat and Habitual Felony Offenders
- With one prior felony, aggravated robbery carries a minimum of 15 years instead of 5, with a maximum of 99 years or life.10State of Texas. Texas Penal Code 12.42 – Penalties for Repeat and Habitual Felony Offenders
- With two prior sequential felony convictions, any felony (including robbery) carries 25 to 99 years or life.10State of Texas. Texas Penal Code 12.42 – Penalties for Repeat and Habitual Felony Offenders
Even one prior felony can push the floor of a robbery sentence into territory that reshapes the case.
Consequences That Follow the Sentence
A robbery conviction carries lasting consequences beyond incarceration and fines.
Federal Firearm Ban
Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition.11Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Both robbery and aggravated robbery are well above that line. The ban is federal and applies regardless of any state-level restoration of civil rights.
Immigration Consequences
For noncitizens, a robbery conviction can trigger mandatory deportation. Federal immigration law treats theft offenses carrying a sentence of at least one year as “aggravated felonies,” which bar most forms of relief (including asylum) and render the person permanently inadmissible.12Legal Information Institute. 8 USC 1101(a)(43) – Aggravated Felony Definition Both Texas robbery and aggravated robbery carry potential sentences far above the one-year threshold. Any noncitizen facing these charges should get immigration-specific advice before considering a plea.
Jury Service and Voting
Texas disqualifies convicted felons from grand jury and petit jury service; a pending felony indictment is also grounds for disqualification. Voting rights are restricted during incarceration and any subsequent parole or supervised release.
How Long the State Has to File Charges
Prosecutors have five years from the date of the offense to file charges for either robbery or aggravated robbery.13State of Texas. Texas Code of Criminal Procedure 12.01 – Felonies The deadline runs against the filing of an indictment or information, not the opening of an investigation. Police can begin work on a case at any time, but formal charges have to come within the five-year window.