Not sure how you can charge someone with a felon for stealing a $5 hat. It usually has to be worth at least $500 to be a felony.
You guys are total ******* idiots...
The man took an item from the person of someone else by force.
This is felony theft/assault. BECAUSE HE TOOK IT FROM HIS PERSON! BY FORCE!!!!!
How do you know the hat was taken by force? If there was force, or if the victim was seriously in fear for his life, the crime would be Robbery, and the value of the property taken would be irrelevant.
Aggravated Robbery would require that the victim was harmed and suffered serious injuries. Google the Texas Penal Code under "Robbery" and see the difference. Keep in mind anything posted by P@triot is suspect, for he is a damn liar.
Not sure who you are talking to because I have them on ignore, but it wasn't taken by force. The guy just walked up to him and
grabbed it off his head. It is a $10 hat.
The "grabbed it off his head" part is precisely what makes it a felony. He [allegedly] stole property from the person of another.
If the hat had been on the table instead of on the victim's person (on his head), it would likely be a misdemeanor (due to the presumed low value of the property).
From Texas Penal Code § 31.03 :
(e) Except as provided by Subsection (f), an offense under this section is:
(4) a state jail felony if:
(B) regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker;
Force is not a required element. The value of the property is irrelevant. In Texas, if you steal something "from the person of another" (e.g. if, as part of the theft of a hat, you grab the hat off someone's head), you have committed a felony.