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by OldCurlyWolf
Wed Nov 12, 2014 6:02 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: I STOPPED A ROBBERY LAST NIGHT
Replies: 110
Views: 23264

Re: I STOPPED A ROBBERY LAST NIGHT

Keith B wrote:
LAYGO wrote:You did a great job.

Had they caught the guy, would he have been with aggravated robbery because he "said" he would shoot?
No. Texas has Robbery and Aggravated robbery. Threat only is still robbery until he actually produces a weapon

See the definitions below
§ 29.02. ROBBERY. (a) A person commits an offense if, in
the course of committing theft as defined in Chapter 31 and with
intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes
bodily injury to another; or
(2) intentionally or knowingly threatens or places
another in fear of imminent bodily injury or death.
(b) An offense under this section is a felony of the second
degree.

§ 29.03. AGGRAVATED ROBBERY. (a) A person commits an
offense if he commits robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or
threatens or places another person in fear of imminent bodily
injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
(b) An offense under this section is a felony of the first
degree.
(c) In this section, "disabled person" means an individual
with a mental, physical, or developmental disability who is
substantially unable to protect himself from harm.
(3) causes bodily injury to another person or
threatens or places another person in fear of imminent bodily

Though not often used now, the way I was taught, lo those many years ago, was a Weapon or the Threat of a Weapon made it aggravated robbery. It is still in the law, just not as directly as before. IMHO, This scenario would qualify as Aggravated robbery even though no one saw a weapon. The threat was there. :smash:

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