Legal Question in Criminal Law in Texas

Aggravated Robbery with a deadly weapon

My 19 year old brother has been charged with 2 counts of aggravated robbery with a deadly weapon. Him and the other guys did 2 on the same night. He and a 16 year old were sent in to both of them, while a 30 year old and 20 year old stayed in the car. I have a few questions. Is it possible for the ''aggravated'' and the ''deadly weapon'' to be dropped if he was not the one with the gun? Also, is he eligible for probation? He has no prior offenses for anything. He was still in High School, he was suppose to graduate this May, and he also had a part time job. And is it also possible for the second charged to be dropped? He says that he and the three other guys had planned to do the first one and they had gotten away. Then later on that night, the other guys threatend him to do the other one and even pointed a gun at him.If it helps to know this Harris County, Houston, Texas.


Asked on 2/19/06, 10:50 pm

1 Answer from Attorneys
Mark Pantano The Law Office of Mark Pantano

Re: Aggravated Robbery with a deadly weapon

Typically, whether charges are "dropped" is up to the District Attorney. It is the District Attorney who brings the charges, so it would be up to the DA to "drop" them. However, there certainly may be any number of legal challenges that could be made by your brother's lawyer before trial which, if successful, could ultimately result in the DA dropping charges. Failing that, your brother would likely have to go to trial unless a plea bargain agreement can be reached.

You specifically asked whether the "aggravated" and "deadly weapon" charges could be dropped. In your brother's case, these are most likely the same thing. It is the use of the deadly weapon that makes it an aggravated robbery. Also, you asked whether he could be charged even though he didn't have the weapon. The short answer is yes. As for probation, if he has never been convicted of a felony, then probation is a possibility.

Your brother is facing some very serious charges. However, it sounds like there are some good things working in your brother's favor that a good defense attorney could use to your brother's advantage. And keep in mind, just because your brother may have been arrested or indicted does not mean that he is guilty. But he should absolutely get himself a lawyer. Good luck, and let me know if I can be of any help.

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Answered on 2/19/06, 11:30 pm


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