What constitutes ‘robbery’ in Brownsville?
A robbery in Brownsville can constitute a state and a federal offense. Texas law The Texas Penal Code defines robbery as when, “in the course of committing theft [and] with intent to obtain or maintain control of the property,” someone: “intentionally, knowingly, or recklessly causes bodily injury to another;” or “intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.” Under Texas law, robbery is a second-degree felony punishable by two to 20 years imprisonment. Further, a person may face aggravated robbery charges under Texas law if they commit robbery and: Cause serious bodily injury to another Use or exhibit a deadly weapon. Cause bodily injury to another individual or threaten or place another individual “in fear of imminent bodily injury or death” and the alleged victim is 65 years of age or older or is someone “who is substantially unable to protect himself from harm” due to a “mental, physical, or developmental disability.” Aggravated robbery is a first-degree felony punishable by 5 to 99 years imprisonment or a life sentence in Texas. Federal law A federal statute called the Hobbs Act criminalizes an action that “in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce.” The Hobbs Act defines robbery in essentially the same way Texas law does, as the taking or obtaining of property from another person by actual or threatened force, violence, or fear of injury against that person, the person’s family, or someone in the person’s presence at the time of the robbery. Hobbs Act robbery is a felony punishable by up to 20 years in prison. Further, under federal law, using a firearm in a Hobbs Act robbery can result in a mandatory minimum sentence of at least five years.