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I'm being charged with second degree robbery, shoplifting turned robbery. The police report says that the security was chasing

Houston, TX |

me, I dropped the stuff then he tried to apprehend me, and while he was trying to apprehend me I pushed him and kept running. Does this mean that they can't prove the "and with intent to obtain or maintain control of the property " element that is involved in robbery 29.02?

Attorney Answers 3


  1. They can prove it with circumstantial evidence, or they can charge you with something else.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  2. That's certainly a possibility. A lot more would be required as far as a review of the actual evidence to really be able to say more specifically what your chances of being able to convice a jury (or a prosecutor) of that might be, though. You're going to have to retain an attorney before you're going to be able to get anywhere with that or any other potential defense.


  3. Generally, the better argument in these types of cases, is that the person did not intend the assault aspect of the Robbery, therefore making it just a misd. But every case is different. In a case like yours, if you ran past the cash registers, then the case law finds that sufficient to prove intent for theft. But the issue then becomes, where did you drop the stuff?? So, you need to hire an attorney who can get the report and evidence in your case and review it all in more details.

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