Skip to main content

What is the maximum sentence a person can get for Aggravated Robbery?

Wichita Falls, TX |

2 men rob a restaurant with a weapon.No one can identify which one had the gun but both are charged.One of the men serve 2 years in county jail before even being sent to prison but time is not allocated until he gets imprisoned.

Attorney Answers 2

Posted

Aggravated robbery is a first degree felony carrying up to life in prison as the punishment. It does not matter which one had the gun; a party or accomplice can be charged just as if s/he is the primary actor.

The person who served 2 years in the jail will get credit for the time when his prison sentence is assessed.

If convicted of aggravated robbery and assessed a prison sentence, the convicted person must serve 1/2 of the time before being considered for parole.

Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.

Mark as helpful

1 lawyer agrees

Posted

The range of punishment for aggravated robbery is Life or not more than 99 years nor less than five years in the penitentiary and up to a $10,000 fine.

On a trial to a jury, if a person is convicted and has never before been convicted of a felony in this state, any other state or the courts of the United States (Federal Court) and the sentence is fewer than ten years, a jury may recommend probation. The Judge must do as the jury "recommends."

A judge may not grant probation in such a case after a trial.

A person may plead guilty for deferred adjudication probation of a length of 5 to 10 years if the district attorney recommends it and the judge agrees.

If a person has a previous felony conviction, he is not eligible for probation from a jury. One prior felony conviction raises the minimum punishment to 15 years, two prior convictions raise it to 25.

This opinion is offered for informational purposes only and does not constitute the creation of an attorney-client relationship. You should consult an attorney in person.

Mark as helpful

1 lawyer agrees

5 comments

Asker

Posted

My Husband Has Trial This Coming Monday! He Has Been In Jail Since January 14, 2011! He Is Being Charged With 4 Counts Of Aggravated Robbery, He Was The Driver And This Is His First Time Felony Offense, Is There Any Way He Can Get Probation? While In Jail, He Has Recieved His GED And Lots Of Certificates For Classes He Has Taken, Do Those Count For Anything At Court? I Recently Mailed Him A Paper From My Uncle, Who Owns His Own Landscaping Business, That He Will Have A Guarunteed Job If He Gets Out! Any Help Or Answers Would Be Greatly Appreciated!(:

Ben Dodson Leonard

Ben Dodson Leonard

Posted

I assume your husband has an attorney if his trial is Monday (8-8-2011?). Your question is best directed to his attorney.

Asker

Posted

Yes, Only Problem.Is He Hasnt Returned My Calls Or When I Go To His Office, He Is Not There! Im Getting Just A Little Worried & Need Some Advice

Ben Dodson Leonard

Ben Dodson Leonard

Posted

If the jury agrees on a sentence of fewer than ten years they may further recommend that the sentence be probated. If the sentence is greater than ten years then probation is not possible. If a person pleads not guilty and is found guilty, a judge may not order probation; only a jury can give a probated sentence on a plea of not guilty. You husband's lawyer should know best what Bexar County juries are doing with similarly situated defendants. My experience is that Texas juries rarely probate people convicted of aggravated robbery but I know nothing of the facts of this case. Be persistent in trying to contact the lawyer.

Asker

Posted

Thank You!(:

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics