Any Defense Attorney Please back beside Texas penal code.?
I need some help to comprehend the law as written in Texas Penal Code 1.07(a)(17). I NEED SOME CASE canon showing a toy gun found and recovered and not questioned that its a toy is not able to enhance a robbery to aggravated (due to the certainty its not a deadly weapon and is not capable of cause harm) i am getting directed to Wright v. State, 591 S.W.2d 458, 459 anything can be a deadly weapon but i am sure there is valise law to rebute this one....PLEASE HELP Need to support the fact of its not a deep weapon to get a 3g off the overnight case so probation is a passable for a first ever offense...i know we have alot of other factor involved here to try for probation. I do have a lawyer but for my own powerfully being i am trying ALL avenues to educate myself surrounded by this matter to be a help if i can as all right as peace of mind.
Answers:
You singular have to put people contained by fear to have committed the indignation of aggravated assault. If you held someone up with what you know to be a toy gun, that is not a mitigating factor contained by your favour. The poor victim did not know it be a toy gun. If you committed a crime with what can reasonably construed as a weapon, within this case a pistol, you have committed the serious crime of assault beside a deadly weapon or robbery with a deathlike weapon. The best you can hope for is that your lawyer can get you a short spell contained by prison. In this case for down right stupidity.
I'm no expert but I'm pretty sure that a toy gun is considered like as a real gun when used in a robbery - neither one of them have to have been fired to bring that added horror to the situation of the person being held up.
Would you also consider an unloaded gun to not be a killer weapon on account that it could not have be used to shoot someone?
the determinant factor is whether the victim believed the weapon to be real.
It is unrelated whether or not the weapon is real or fake, if the robber intentionally give the impression that the weapon was authentic and the victim believed the weapon to be real.
i'm sure no lawyer will be sitting here answering questions for free... if you are within Austin, then walk down Nueces st..
yes
I'm not familiar near Texas law or case imperative affecting Texas regarding this issue. Therefore my information here is non-specific and not necessarily correct for your case, however, the insight may be adjectives for considering correlations.
Unfortunately, the news is bad.
In several states, shield law exists which has allowed as little as a finger poking the inside of a shirt to bump a charge up to an armed charge. This mostly involves burglary cases and not assault cases.
You can net a competent case for this on an assault charge where an actual physical altercation occur. On a robbery charge, however, it seems likely to me that Texas would stick to the norm and keep the armed/with a deadly charge on in attendance.
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Answers:
You singular have to put people contained by fear to have committed the indignation of aggravated assault. If you held someone up with what you know to be a toy gun, that is not a mitigating factor contained by your favour. The poor victim did not know it be a toy gun. If you committed a crime with what can reasonably construed as a weapon, within this case a pistol, you have committed the serious crime of assault beside a deadly weapon or robbery with a deathlike weapon. The best you can hope for is that your lawyer can get you a short spell contained by prison. In this case for down right stupidity.
I'm no expert but I'm pretty sure that a toy gun is considered like as a real gun when used in a robbery - neither one of them have to have been fired to bring that added horror to the situation of the person being held up.
Would you also consider an unloaded gun to not be a killer weapon on account that it could not have be used to shoot someone?
the determinant factor is whether the victim believed the weapon to be real.
It is unrelated whether or not the weapon is real or fake, if the robber intentionally give the impression that the weapon was authentic and the victim believed the weapon to be real.
i'm sure no lawyer will be sitting here answering questions for free... if you are within Austin, then walk down Nueces st..
yes
I'm not familiar near Texas law or case imperative affecting Texas regarding this issue. Therefore my information here is non-specific and not necessarily correct for your case, however, the insight may be adjectives for considering correlations.
Unfortunately, the news is bad.
In several states, shield law exists which has allowed as little as a finger poking the inside of a shirt to bump a charge up to an armed charge. This mostly involves burglary cases and not assault cases.
You can net a competent case for this on an assault charge where an actual physical altercation occur. On a robbery charge, however, it seems likely to me that Texas would stick to the norm and keep the armed/with a deadly charge on in attendance.
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