We subject all "syndrome evidence" to all the rigors encountered in any other type of expert testimony. Some mitigating factors for aggravated robbery sentencing include: - Role in the Offense: Even though the Texas Law of Parties makes the defendant just as guilty as any actors, the defendant had a lesser role in the aggravated robbery. To schedule a free case evaluation and legal consultation with a Houston criminal defense attorney, please call us at (832) 314-3232 or contact us online to learn more about how we could assist you. Categories: Tags: Is Robbery a Misdemeanor or a Felony? Among the most important price is eligibility for parole early. This makes fighting guilt-innocence at trial difficult, if not practically impossible. Arson of a home that leads to death. If your offense is a 3g offense, only the jury can recommend probation (if you are found guilty), unless the child is under 14 and the offense happened after Sept. 1, 2007; see below. State Jail Felonies. And it is why you could be charged with burglary of the habitation if your goal was to beat up a rival or rape the resident, whether or not things got that far. In the state of Texas, second-degree felonies include (but are not limited to): - manslaughter under Penal Code section 19.
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In these instances, the judge can rule the child is "unavailable" and allow the videotaped testimony. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. That is the charge for simply entering the home or remaining there with an intent to commit a felony. 054 and include: - Murder. Intoxicated manslaughter. Online solicitation of a minor who is under the age of 14. However, you can't be charged with burglary if you're merely trespassing and had no ill intent. If you have been charged with committing a serious 3G criminal offense in Texas, it is essential that you retain an experienced attorney to represent you in your criminal matter as soon as possible. This applies only to offenses committed on or after September 1, 2007; if any element of the offense occurred before that date the entire offense is considered to have been committed before Sept. 1, 2007 and thus the above law does not apply. This is why you could be charged with burglary if you didn't steal anything but are suspected of planning on attacking the homeowner or vandalizing the property. However, the "3g" section of that statute now lies in section 42A. OUR STRATEGY IN FIGHTING YOUR TEXAS 3G CHARGE: Have you been charged or accused of one of the Texas 3G Offenses? Subsequent relationship between Defendant and child. This classification matters, because probation is not an option for 3G offenses.
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There are limits to even these: The 80th Legislature, in House Bill 8, limited the availability of jury-granted probation for child sex abuse offenses in the following manner: If the victim in a child sex abuse offense was younger than 14 at the time the offense was committed, the defendant is not eligible to receive probation from a jury that has found him guilty. Criminal solicitation for commission of a capital offense (if offense is first degree felony). In other words, until you pay off the balance in full, you are not deemed as having served your sentence in full. The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. Probation breaks down into the following two classifications: Deferred adjudication probation.
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Probation (also called community supervision in Texas) is a sentencing alternative to jail or prison time that allows those who receive it to remain in the community and to continue working, to continue supporting their families, to receive rehabilitative services (that relate to the original conviction), and to make restitution to anyone who was victimized by their crime. Attorneys for Aggravated Robbery Sentencing. Certain drug offenses if in a drug free zone or use of child in commission of the offense. "Character Letters" cannot practically be used at aggravated robbery sentencing, because out-of-court statements (written or spoken) generally cannot be used in court. In Child Sexual Abuse and other Sexual Offense cases, expert testimony may be admissible if scientific or technical knowledge will help the Court to understand the evidence. For example, if you are sentenced to 2 years on a 3G offense, you will have to serve the entire 2 years. It also includes crimes spelled out in Article 42A0. Contact the attorney who originally handled your Online Solicitation case to find out what type of relief you may be eligible for under this now-voided law. These offenders must also serve more of their sentences before they are eligible for parole than those convicted of other crimes. If the government succeeds in meeting its burden to prove guilt beyond a reasonable doubt, the next step in a robbery case is sentencing.
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"Robbery" happens when someone is trying to steal something (commit theft), and while the person is trying to commit theft they hurt someone or threaten someone. Many of these denials could be due to a failure to submit a good, effective Texas Parole Packet. However, with deferred adjudication the defendant will plead guilty, but the judge will delay finding the defendant guilty. What this rule refers to is the requirement that, where the State of Texas has pled one single offense yet the evidence shows more than one offense [of the same type of unlawful conduct described in the indictment], in these cases the State must elect or choose that one particular incident upon which it relies for conviction – upon request of the attorney for the Defendant. Probation is often far preferable to doing time behind bars.
You may be able to reduce the charges from robbery to a misdemeanor theft crime, or from aggravated robbery to simple robbery. This might include a history of taking care of dependents (children or elderly parents). This is like arguing the defendant is an accomplice or accessory to the offense committed by other people. A conviction on a 3(g) offense will impact your parole eligibility date. A person who is convicted of a 3G offense in Texas and sent to prison must serve at least half (½) of their sentence, including any time served in the local jail, or 30 years, whichever is less. Probation is potentially available for any sentence that is less than ten years in prison. That's why you might get out after one year in prison when sentenced to four years for robbery but can't get out that fast if sent to prison for the same length of time for an aggravated robbery and home invasion. Instead, state jail felonies are crimes that are committed in the State of Texas that carry a punishment that amounts to a minimum of 180 days in jail, to a maximum of 2 years in jail, to fines that cannot exceed $2, 000, and/or to the potential sentence of community supervision (or probation).