Defense of charge: Robbery
Result: Case Dismissed
My client was accused of unlawfully, while in the course of committing theft of property owned by the complainant, and with intent to obtain and maintain control of the property, intentionally, knowingly or recklessly causing bodily injury to the complainant.
Robbery is considered a serious crime and is a Second-Degree Felony. If a person is found guilty of a Second-Degree Felony in Texas, the person can be sent to prison (Texas Department of Criminal Justice – Institutional Division) for 2 years to 20 years and can also be fined up to $10,000.
This case was a domestic dispute gone terribly wrong. My client and the complainant were married but had fallen on some tough times. There was an argument between my client and the complainant about unfaithfulness. Both sides were accusing the other of being unfaithful. My client was accused of taking the complainant’s cell phone by physical force to look through her calls. Police were called and arrived on the scene. My client was no longer at the home. The complainant told officers that she was physically harmed while my client took her cell phone. My client had a criminal history, including criminal history with this complainant, which complicated matters even further. Police filed a warrant to arrest my client for Robbery.
This case was presented to the Grand Jury, and was indicted. The Grand Jury determines whether “probable cause” exists that a specific crime was committed. Probable cause is a higher standard than reasonable suspicion and is defined as “where the facts and circumstances within your knowledge, and of which you have reasonably trustworthy information, are sufficient unto themselves to warrant a person of reasonable caution to believe that an offense has been committed.”
The state had made several offers, including misdemeanor offers, but we rejected them and were preparing for trial. I met with my client several times to review the evidence. Evidence can include offense reports, pictures, witness statements, and 911 calls. We were ready for trial.
Our trial date was scheduled for January 21, 2022. We would continuously get offers from the state for a reduction from a Second-Degree Felony to a Class A misdemeanor. On January 20, 2022, I was contacted by the Assistant District Attorney handling the case. He informed me that he was dismissing the case. My client and I were happy with the outcome. I was happy my client got his life back.