aggravated robbery ?

[bearczar]

in the state of texas as i understand to be charged/indited for Aggravated robbery the use of a weapon capable of causing death or deadly force must have been used or the victim over 65 or handicaped..is this true?...the way i thought i read the law is it must be this way...what about simulated weapons?....this sounds like it should be criminal deception to me and just robery or theft by criminal deception.....can any one help me i have this huge problem...

§ 29.02. ROBBERY. (a) A person commits an offense if,
in the course of committing theft as defined in Chapter 31 and with
intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes
bodily injury to another; or
(2) intentionally or knowingly threatens or places
another in fear of imminent bodily injury or death.
(b) An offense under this section is a felony of the second
degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

§ 29.03. AGGRAVATED ROBBERY. (a) A person commits an
offense if he commits robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or
threatens or places another person in fear of imminent bodily
injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
(b) An offense under this section is a felony of the first
degree.
(c) In this section, "disabled person" means an individual
with a mental, physical, or developmental disability who is
substantially unable to protect himself from harm.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 357, § 2, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

As I understand it, even if you have a pretend gun it counts as a real gun.