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  1. #1
    Join Date
    Nov 2014
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    1

    Question Aggravated Robbery With a Deady Weapon Charge, Without a Gun

    My question involves criminal law for the state of: Texas

    Long story short my friend was sentenced to 8 years for an AGG robbery with a deadly weapon but he didn't have the gun. It was him and 2 friends and one of the friends had the gun,as stated in the police report. He had a pill problem at the time and has been incarcerated for a little over a year now. We are looking into appealing the sentence but for an Agg robbery you can get anywhere from 5 - 99 years. If we appeal it is it possible for him to be sentenced with more time?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Appealing an "Aggravated Robbery with a Deadly Weapon" Sentence

    When you asked his lawyer this question what did he say?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Appealing an "Aggravated Robbery with a Deadly Weapon" Sentence




    so, what is that basis of the appeal? You must have a reason for an appeal to be granted. The fact he was convicted of the charge suggest the jury felt he fulfilled the requirements of the law.

  4. #4
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Appealing an "Aggravated Robbery with a Deadly Weapon" Sentence

    If all three of them participated in the robbery and one of them displayed a gun during the robbery, then all three are guilty of the aggravated robbery. Texas Penal Code sections 7.01 and 7.02 state:

    Sec. 7.01. PARTIES TO OFFENSES. (a) A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both.
    (b) Each party to an offense may be charged with commission of the offense.
    (c) All traditional distinctions between accomplices and principals are abolished by this section, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice.

    Sec. 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER. (a) A person is criminally responsible for an offense committed by the conduct of another if:
    (1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense;
    (2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or
    (3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense.
    (b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.

    As you can see from § 7.02, all the joint participants in a robbery would be responsible for the acts of the other participants that occur during the commission of the crime, and as a result under § 7.01 all of them may be charged with the crimes that any one of them committed. So, if one of them displays a gun during the robbery and thus commits an aggravated robbery then ALL of them may be properly charged with and convicted of the aggravated robbery. If the sentence he was given was within the allowable range for an aggravated robbery he’s unlikely to win an appeal of the conviction or sentence if the only argument here is that he should not have been convicted of aggravated robbery because it was the other guy who had the gun, not him.

    Bear in mind that there is a very short time frame for appeals and he only gets one shot at it. So he really needs a lawyer to assist him if he has any viable appeals issue to pursue.

  5. #5

    Default Re: Appealing an "Aggravated Robbery with a Deadly Weapon" Sentence

    To put it simply, if you were there, even if you did not commit the crime yourself, you will still be charged with the same crime as everyone else.

    So even if there was only one gun, all three guys are going down for it, because they were all there at the time of the crime.

    Obviously he needs to consult his lawyer, but I'm about 99% sure he won't be able to appeal his case.

    An appeal happens when you think you have been sentenced unfairly, but he was not sentenced unfairly, he was sentenced according to the law.

    The laws may not seem fair, but they are what they are.

    Just be thankful the guy with the gun didn't pull the trigger, because if he had, your friend would be facing a felony murder charge.

    Felony murder is when someone dies while you are committing a felony.

    Like if you and your friend rob a gas station, and the store owner kills your friend, even though you didn't pull the trigger, they can still charge you with your friends death.

    Pretty crazy stuff huh?

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