If someone robs a store and says they have a gun but no gun is shown, is that aggravated robbery or robbery?

Asked on September 4, 2012 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is no gun, then the charge is robbery.  If the victim never sees a gun, then usually it will be charged as strait robbery.  If the defendant holds something like a fake gun in their pocket to definetly give the victim an impression that a gun was involved and there is no evidence that it was anything but a gun, then a defendant could be charged and convicted of aggravated robbery.

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