There are just too many variables. You should discuss this in person with a criminal defense attorney or the Public Defender, as the case may be.
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Please take a look at my website. I am a certified criminal defense attorney and it would absolutely behoove you to hire a competent attorney for your husband as he is facing serious charges. Please call my office if I can be of further assistance.
DISCLAIMER THESE COMMENTS ARE NOT LEGAL ADVICE. The answer given above serves an educational purposes only and provides general information and a basic understanding of the applicable law. Answering this question does not create an attorney-client relationship or otherwise require further consultation this website is not intended to provide anyone specific legal advice for their specific issue. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. The answer provided does not substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction who has reviewed all discovery and an opportunity to discuss the issues specific to the case with the client. The attorney above attempted to provide competent professional information, however, the law and its applications change frequently and may vary greatly from other U.S. jurisdictions and locales.Therefore, any information and materials provided above are general in nature, and may not apply to specific factual specific legal circumstances involving one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue.
If it is charged as Armed Robbery, a class 2 DANGEROUS felony, then the sentencing range is 7 to 21 years in state prison. The gun being a toy, alone, does not change that it is an Armed Robbery. But it might change if it is dangerous or non-dangerous. If your husband stayed and cooperated, that might mean that he confessed. If a person confesses it is extremely difficult to prevail at trial.
This is just a small amount of basic info. I do encourage you to consult with several lawyers about this.
These remarks are not intended as legal advice. This is just informational.