Robbery is theft with force or the threat of force. Aggravated robbery adds a deadly weapon and becomes a first-degree felony, the same level as murder.
Robbery is a theft where force, or the threat of force, is used. A teenager telling another kid to hand over his watch or get punched has committed robbery.
Aggravated robbery adds a deadly weapon, or a threat of death or serious bodily injury, and it is a first-degree felony, the same offense level as murder. That means a person can face prison time on an aggravated robbery charge with no prior record at all. A convenience store holdup frequently results in a lengthy sentence, and most people do not grasp how serious the charge is until they see the punishment range.
Citation: Texas Penal Code §29.02 (Robbery); §29.03 (Aggravated Robbery)
Degree and classification: Robbery is a flat second-degree felony. Aggravated Robbery is a flat first-degree felony.
Statutory language: Robbery occurs when, in the course of committing theft and with intent to obtain or maintain control of property, a person causes bodily injury or threatens or places another in fear of imminent bodily injury or death. It becomes aggravated when the actor causes serious bodily injury, uses or exhibits a deadly weapon, or the victim is 65 or older or disabled.