2 Oct 2012
Police are searching for two suspects in connection with the armed robbery of a smoke shop that took place this summer. The facts, as reported, were that two masked men entered the store in the afternoon wielding pistols. While one of the men pointed his gun at the clerk, the other rifled through the cash register. The total take was $400.
If this were a simple theft, it would be a class B misdemeanor, which ordinarily carries a maximum sentence of 180 days in jail, a fine of up to $2,000, or both. But because of the nature of the theft, the suspects, if caught, will likely be charged with aggravated robbery.
Most jurisdictions, including Texas, treat the crime of robbery much more harshly than theft, even though the two offenses are related. The reason for this is that simple theft can be accomplished without any contact between the perpetrator and the victim. Robbery, on the other hand, involves theft plus an injury or the threat of injury to another person.
The Texas robbery statute is contained in Chapter 29 of the Penal Code, and provides that a person commits that offense if, during the course of a theft, he intentionally, knowingly or recklessly causes bodily injury to another or places another in fear of imminent bodily injury or death. Aggravated robbery is the commission of a robbery, coupled with (a) serious bodily injury to another, (b) the use or exhibition of a deadly weapon, or (c) in the case of a victim who is over 65 or disabled, a threat of imminent bodily injury or death.
Unlike simple theft, robbery is not graded according to the size of the theft. And notwithstanding the relatively small amount taken from the smoke shop, aggravated robbery is a first degree felony, with a sentencing range from five to 99 years in prison. We note, parenthetically, that in certain situations armed robbery may be prosecuted under federal law. But the potential sentence in federal court is likewise severe. Because of the circumstances surrounding the theft of $400 in this case, the alleged robbers have placed themselves at risk of spending much of their lives behind bars.
Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737