Robbery

Robbery Attorney in Georgetown, TX

James Winters Tried Aggravated Robbery Cases. Now He Defends Them.

Robbery and aggravated robbery are among the most aggressively prosecuted felonies in Texas. A charge at either level means Williamson County prosecutors are already building a case, and the evidence picture forms quickly after an arrest. Winters & Chidester defends Georgetown-area clients facing these charges with something few defense attorneys can offer: attorneys who have personally stood on the prosecution side and tried these exact cases.

James Winters tried aggravated robbery cases as a county prosecutor before entering private practice. Veronica Chidester prosecuted felony and federal cases across multiple offices, including the Travis County District Attorney’s Office. That direct experience with how the state constructs robbery charges shapes every defense strategy we bring to Williamson County District Court.

Facing a robbery charge in Georgetown? The sooner we can review your case, the more options we may be able to preserve. Call us at (512) 961-4555 for a free consultation in English or Spanish.

How Texas Law Defines Robbery & Aggravated Robbery

Texas Penal Code Chapter 29 draws a clear line between the two charges, and understanding where that line falls matters because the sentencing ranges are dramatically different.

Robbery: Second-Degree Felony

Robbery under Section 29.02 is a second-degree felony. It occurs when, during the course of committing theft, a person intentionally, knowingly, or recklessly causes bodily injury to another, or intentionally or knowingly threatens someone with imminent bodily injury or death. “In the course of committing theft” is read broadly under Texas law: it covers the attempt, the act itself, and the immediate flight afterward. A second-degree felony carries 2 to 20 years in prison and a fine of up to $10,000.

Aggravated Robbery: First-Degree Felony

Aggravated robbery under Section 29.03 is a first-degree felony. Only one of three factors needs to be present to elevate the charge:

Deadly weapon use or exhibition: Texas defines “deadly weapon” broadly. It includes firearms and knives, but also any object capable of causing death or serious bodily injury in the manner it’s used or intended to be used. The weapon doesn’t need to be fired or cause injury for this enhancement to apply.
Serious bodily injury: Injury that creates a substantial risk of death, causes permanent disfigurement, or results in protracted loss or impairment of any bodily member or organ.
Victim age or disability: The offense involves a person who is 65 or older or disabled.

A first-degree felony carries 5 to 99 years or life in prison and a fine of up to $10,000. Aggravated robbery is also classified as a 3g offense under Article 42A.054 of the Texas Code of Criminal Procedure, which restricts a judge from placing a convicted defendant on community supervision. A jury may recommend probation in some circumstances, but not when the defendant used or exhibited a deadly weapon.

What Former Prosecutors Bring to Your Robbery Defense

James Winters spent nearly 10 years as a prosecutor in Travis County (misdemeanor and felony) and Bell County (felony) before moving to private practice. Veronica Chidester prosecuted at the Texas Attorney General’s Office, the Travis County Attorney’s Office, and the Travis County District Attorney’s Office, where she served as a chief misdemeanor and family violence prosecutor before moving into the felony criminal trial court division. Together, we bring 20 years of combined experience inside the Texas criminal justice system.

That background translates directly into robbery defense. Former prosecutors know which elements the state must prove beyond a reasonable doubt, how investigators document and present weapon enhancement arguments, and where witness identification procedures introduce reliability problems. James tried aggravated robbery cases from the prosecution’s table, which means he knows firsthand what the evidentiary chain looks like when it’s strong and when it isn’t. James and Veronica also tried cases together as prosecutors, making them a practiced team rather than two attorneys working independently. We handle cases at both the state and federal level.

Contact a Georgetown Robbery Defense Attorney for a Free Consultation

Robbery and aggravated robbery charges move fast through Williamson County District Court. Reaching out to a defense attorney early can allow time to investigate the circumstances, identify constitutional issues, and assess the prosecution’s evidence before positions harden. Every day without representation is a day the state is preparing without a response.

Winters & Chidester serves Georgetown and the broader Williamson County area, including Austin, Hutto, Cedar Park, Leander, Round Rock, and Pflugerville. Free consultations are available, and we work with clients in both English and Spanish.

Call (512) 961-4555 or reach us through our online contact form to schedule your free consultation today.

Defense Strategies in Texas Robbery Cases

The right defense depends entirely on the facts of the case. These are some of the legal approaches that may apply depending on the circumstances.

Mistaken Identity
Eyewitness identification is common in robbery cases and is also among the most frequently challenged forms of evidence. Lineup procedures, show-ups, and cross-racial identification all carry documented reliability concerns that can be raised at trial or during pre-trial motions.

Lack of Theft Intent
Robbery requires that the force or threat occur “in the course of committing theft.” If the prosecution can’t establish the underlying theft element, the robbery charge may fail entirely.

Absence of an Aggravating Factor
If the state can’t prove deadly weapon use, serious bodily injury, or that the victim was elderly or disabled, the charge may be reduced from a first-degree to a second-degree felony. That distinction carries enormous sentencing consequences.

Illegal Search & Seizure
Evidence gathered without a valid warrant or a recognized legal exception may be suppressed through a Fourth Amendment motion. Physical evidence and statements obtained unlawfully can sometimes be excluded from trial.

Miranda Rights Violation
Statements made during a custodial interrogation before Miranda warnings were given may be inadmissible. This can be significant when investigators obtained admissions early in the process.

Duress or Coercion
If a defendant was forced or threatened by another party to participate in a robbery, a duress defense may apply. This defense requires showing the threat was imminent and that a reasonable person in the same situation would have acted the same way.

Insufficient Evidence
The prosecution bears the burden of proving every element beyond a reasonable doubt. Weaknesses in surveillance footage, inconsistencies in witness testimony, and gaps in physical evidence can all be challenged at trial.

Collateral Consequences of a Robbery Conviction

A prison sentence isn’t the only consequence at stake. A felony robbery conviction creates a permanent criminal record that follows a person long after release.

Employment: Many employers won’t hire people with violent felony convictions. Government employment, healthcare, and education often bar applicants with robbery convictions outright.
Firearm rights: A Texas felony conviction results in the loss of the right to possess or purchase firearms. Federal law can impose a lifetime ban, and because federal law doesn’t recognize the limited state exception, the practical effect may be a long-term prohibition under both state and federal law.
Immigration: For non-citizens, including lawful permanent residents, an aggravated robbery conviction can trigger deportation proceedings. Federal immigration law may provide limited relief depending on the facts and the person’s status.
Professional licensing: Healthcare, real estate, education, and other licensed professions can face license revocation or denial upon a violent felony conviction. Some boards may bar re-licensure.
Education: College students convicted of robbery may face expulsion and loss of federal financial aid eligibility.
Future sentencing: Prior robbery convictions can significantly enhance sentencing ranges if a person is charged with a subsequent felony, affecting both parole eligibility and overall sentence length.

These consequences make defending a robbery charge a matter of protecting far more than freedom. Resolving a charge through pre-trial diversion, a reduction in charge level, or an acquittal may preserve opportunities that a conviction could close.

Real People. Real Wins.

Review Some of Our Results to See for Yourself What We’ve Worked to Achieve

As Georgetown criminal attorneys, we recognize the importance of what we do. Our goal is to help our clients face brighter futures, all while protecting their constitutional rights to the fullest. We couldn't be more proud of the people we've helped and the lives we've changed.

View All Results

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We represented a woman accused of assault family violence. We were able to show the prosecutor that she was the true victim, securing a dismissal on her behalf.
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We represented a young man charged with assault family violence. By acting swiftly and conducting our own investigation, we achieved a dismissal of his case in under six months.
No Charges Filed Aggravated Assault with a Deadly Weapon
We represented a woman under investigation for aggravated assault with a deadly weapon and assault family violence. By demonstrating she was actually the victim and providing key evidence to authorities, we prevented any charges from being filed against her.