Legal Question in Criminal Law in Texas

Aggravated Robbery

Can, by the law of the land, the district attorney give an agggravated robbery suspect life in prison??? This person has misdemeanor priors and the detective in charge is asking him to admit the he just an bee-bee or pellet gun and he would only get life. I would appreciate if i could get all the senarios.

Sign,

One Sad Sister


Asked on 6/08/00, 1:21 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Aggravated Robbery

1. The DA doesn't give anyone prison time. He charges and prosecutes the case and, if there is a conviction, the Judge decides the prison sentence within the guidelines he has to work with.

2. One Ag robbery conviction will not receive a life sentence. Misdemeanor convictions do not form the necessary basis for sentence enhancement which would result in life. Someone has bad information here.

3. It is not a felony to possess a BB gun or pelet gun, assuming traditional air/gas operated weapons. Again someone has bad information.

4. I think you need to speak with a local lawyer. Perhaps your brother's lawyer or the public defender would be willing to advise you of the legal scenarios available. The information you have provided here does not allow us to attempt to explain the process with more detail.

I wish you the best.

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Answered on 7/30/00, 6:05 am


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