May 5, 2025
When does a simple pocketknife become a “deadly weapon” under Texas law? That’s the question the Texas Court of Criminal Appeals tackled in the 2025 decision Glover v. State. If you’re facing robbery or aggravated robbery charges—especially as a first-time offender—this case shows how even everyday objects can turn a simple theft into a first-degree felony.
What Happened in Glover v. State?
In January 2022, Michael Donell Glover was caught stealing a cooler full of cigarettes and other items from a Buc-ee’s store in Terrell, Texas. When a store employee followed him out and asked for the items back, a scuffle broke out. During the struggle, Glover pulled out a pocketknife and used it to cut the cooler’s nylon strap.
Although he didn’t swing the knife at the employee or make direct threats, the employee backed off in fear. Police later arrested Glover and found a folding knife with a blade around 2–3 inches long.
The jury convicted him of aggravated robbery, and he was sentenced to life in prison after enhancements. However, the court of appeals downgraded the charge, ruling that the knife wasn’t used in a way that met the legal definition of a “deadly weapon” under the Texas Penal Code.
That ruling was reversed by the Texas Court of Criminal Appeals on April 16, 2025.
🔍 Key Legal Takeaway: Pocketknives Can Be Deadly Weapons—It Depends on How They’re Used
Under Texas Penal Code § 1.07(a)(17)(B), a “deadly weapon” includes anything that “in the manner of its use or intended use is capable of causing death or serious bodily injury.”
The Court noted that a pocketknife isn’t automatically a deadly weapon, but it can be if the circumstances show it was used to threaten or intimidate someone—even if it wasn’t used to cause injury.
In Glover, the court emphasized:
“The fact that the pocketknife proved sharp enough to cut through the strap likely contributed to a jury finding that it was dangerous enough… to cause serious bodily injury.”
Why This Matters for Texas Criminal Cases
Aggravated robbery is a first-degree felony, punishable by 5 to 99 years or life in prison. A regular robbery, by contrast, is a second-degree felony, which carries a lighter sentence of 2 to 20 years.
What separates the two? Often, it’s whether the alleged robber used or exhibited a deadly weapon.
Even if:
- No one is injured,
- The object isn’t a gun or large knife,
- The suspect doesn’t make explicit threats…
…Texas courts may still allow a jury to decide that a tool like a pocketknife counts as a deadly weapon.
👨⚖️ How the Napier Law Firm Can Help
At The Napier Law Firm, we understand how quickly a misdemeanor or non-violent felony can escalate into a serious charge like aggravated robbery—especially for first-time offenders who may not have meant to hurt anyone.
If you or a loved one is facing robbery, aggravated robbery, or any weapon-related charge in Houston, Richmond, The Woodlands, Conroe, and all the Greater Houston area, don’t wait to get legal help.
✅ Request a Free Consultation
✅ Learn More About Robbery & Weapon Offenses
✅ View Our Richmond Criminal Defense Services
🔗 Helpful Resources
- Texas Penal Code § 29.03 – Aggravated Robbery
- Texas Penal Code § 1.07 – Definitions
- Texas Court of Criminal Appeals Opinion – Glover v. State (2025)
Final Thought
The Glover case reinforces that how an object is used can be just as important as what the object is. Whether you’re dealing with a misunderstanding, self-defense, or just a moment of bad judgment—we’re here to help you protect your future.
Call The Napier Law Firm today for trusted, aggressive defense across Texas.