San Antonio, TX asked in Criminal Law for Texas

Q: Could an agg. Robbery 1st degree get lowered or dropped?

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1 Lawyer Answer
Brian Marc Roberts
Brian Marc Roberts
Answered
  • Criminal Law Lawyer
  • Humble, TX
  • Licensed in Texas

A: In general terms, the case can be reduced to robbery or other lesser charge as part of a plea agreement. A reduction would depend on a number of factors but, if the defendant fired a gun during the commission of an aggravated robbery, it is unlikely the state will agree to reduce the charge. Likewise if the complainant or complainants were injured. The case may be reduced to a robbery if it is later determined that the defendant did not have a weapon but used physical force or threats to commit a theft. The DA may dismiss an aggravated robbery if he or she feels there is insufficient evidence to convict. The disposition of any case depends on the particular facts and circumstances of the case.

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