If someone robs a store and says they have a gun but no gun is shown, is that aggravated robbery or robbery?
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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
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 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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