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.
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.