View Full Version : Aggravated robbery, how much time will he serve on a 4 year sentence?


JessicaB78
01-31-2012, 09:34 PM
I am really new to all of this..my husband is in Garza East, in Beeville, TX. I recently signed an Affadavit of Information Marriage..etc, and it only took 1 business day for them to approve it..I thought it was supposed to take at least a month. Not that I mind. Haha. I can have contact visits now. Also, aggravated robbery, how much time will he serve on a 4 year sentence? Already been in 20 months, been denied once. Andddd who do I send a letter to about parole, and what should it include?

Firebrand
02-01-2012, 05:00 AM
Aggravated Robbery is a 1st degree felony here in Texas that carries anywhere from 5-99 years. So, if he was given a 4 year sentence then I’m wondering what the deal is on that. On aggravated offenses, a person must serve half of their sentence flat. In his case, if he has 4 years aggravated then, he’d have to do at least 2 years flat to be come eligible for parole. Often with aggravated charges, but not always, a one year set off is seen on the first review for parole. He may be looking at 3 years to do over all before he gets out. Hope this helps

faithpato
02-01-2012, 05:34 AM
I agree with Firebrand, a four year sentence on Agg. Robbery? He either had one heck of an attorney or knew the judge (lol) Seriously! And yes, half the time plus. Mine did 8 on an 8 1/2. If he had to do the whole 4, he is still one lucky duck.

dh332
02-01-2012, 06:00 AM
I agree. 4 years on an aggravated charge! Not possible..........

MANDI.LICIOUS
02-01-2012, 07:54 AM
My husband got 4 yrs on an agg robbery his 1st time in TDC n did 3 yrs...he is very lucky I have 2 friends who have the same charge n 1 got 15 yrs the other 18 yrs but circumstances were way different along with priors so he is very lucky

*Mandi & Titi*

brokennglass
02-01-2012, 07:05 PM
Mine got 18 years for agg robbery. And it was his first and only time he's ever been in trouble. What in the WORLD?

JessicaB78
02-01-2012, 07:35 PM
The only reason its agg is the clerk slammed his hand in the door chasing after him..he was given probation or deferred, broke it, and was sentenced to 4 yrs..the tdcj website shows he's been eligible for parole since 5 months after his sentence started, and he came up last year, and was denied:/ I've heard that a lot of ppl are getting out much earlier than they normally would, and he's even said ppl there are being paroled sooner than him with worse convictions.

WilcoMom
02-01-2012, 08:17 PM
I'm confused too ... he'd have to do 24 months flat before coming up the first time ... but you say he was denied after 5 months ... its not adding up ...

MANDI.LICIOUS
02-01-2012, 08:25 PM
I'm confused too ... he'd have to do 24 months flat before coming up the first time ... but you say he was denied after 5 months ... its not adding up ...

With an agg charge u may be reviewed before ur 50% but its an automatic denial for not serving enough time...after that 50% he will be considered but most likely wont get it then either

*Mandi & Titi*

RobinsMan
02-01-2012, 09:17 PM
Either the offense was reduced from aggravated robbery and the actual conviction for simple robbery or his four year sentence is illegal, one or the other. With his PED being appropriate for a non-3g offense and not the two years as required by law for aggravated robbery I think that the offense was reduced to robbery.

JessicaB78
02-01-2012, 09:22 PM
What is ped and 3g? He didn't come before the parole board after 5 months..the tdcj website says he's been eligible for parole since then. He came up for parole about 14 months after his sentence began, and was denied. He comes up again this summer, after 2 years incarcerated.

RobinsMan
02-01-2012, 09:40 PM
PED is Parole Eligiblity Date. If his offense was aggravated robbery then his PED would have been two years after his sentence started, not 5 months. "3g" is slang but a more appropriate term than simply "Aggravated" to refer to sentences that, among other things, require a person to serve half of their sentence, or a minimum of two years, before becoming eligible for parole, which is reflected by their PED.

A persons PED is only the date by when they become eligible for parole. Very many people are not reviewed and voted on until quite some time after their PED owing to nothing more than delays in being transferred to TDC or delays, for whatever reason, in processing the review. My wife was not voted on for parole until about 10 months after her PED on her first trip to TDC. Regardless of when the actual vote took place for the first parole review, the PED tells how TDC sees the case. A PED after only 5 months plainly means that TDC does not consider his offense to be 3g or "aggravated" - and aggravated robbery is definitely a 3g offense. This leaves little room for any conclusion other than, regardless of what he was originally charged with, the offense for which he was convicted was not aggravated robbery. This conclusion could be wrong but any other explanation is highly unlikely. First, it requires a judge to be ignorant of very basic facts of Texas law because a sentence of 4 years for aggravated robbery is not a legal possiblity. As Marty posted, the minimum sentence for aggravated robbery - a first degree felony - is 5 years. It further requires that the DA was either also ignorant of the law or derilict in first not immediately objecting and correcting the act of the judge but failing to subsequently file an appeal of an illegal sentence. After both of those highly unlikely events, TDC reviews the sentence and agrees with it? These would be very bizarre circumstance indeed. I think the much more simple conclusion is that the answer fits the evidence ... he wasn't convicted of aggravated robbery even though that was what he was originally charged with.

However, that digresses from your original question which was how long before he might make parole. I cannot add to what others have written. If he does not have disciplinary problems and the circumstances of his offense were not particularly egregious then he will not likely serve the full sentence. Just when parole might happen is anybody's guess and everybody's experiences tend to vary.

490sndr
03-31-2012, 09:10 PM
my son got 8 yrs for agg. robb. ive learned that its the minimum of 5yrs to 99 yrs. are u sure he got charged with agg. robb? well, i wish u all the best either way. congrats on your contact visits.

JessicaB78
04-04-2012, 08:35 AM
It's actually robbery b/i, he tried to explain it to me:/

mi888
04-04-2012, 02:51 PM
Okay, so it got reduced then.. his chances are more likely for making his next parole then if he is keeping out of trouble. Aggravated charges are harder for getting approved on since in most cases it has to do with violence.
For his next parole you should make him a parole packet. There are stickies at the top of the parole preparation forum or you can pm me and I have a sheet that tells you step by step what to do and how to prepare one. I can email that to you.