DA offering boyfriend 25 years aggravted robbery and possession. My boyfriends lawyer went in and requested 20 years non-aggravted robbery and possession? What's the difference?
A non-aggravated conviction would avoid the requirement that applies to aggravated felonies that he serve half of his sentence instaed of one third before being parole-eligible (doing that wouldn't guarantee that he'd get out any earlier, but it at least opens up the possibility).
Kimberly F. MinickDUI / DWI AttorneyFort Worth, TX ·
Your boyfriend's attorney is trying to get the DA to waive the aggravated part of the charge so that he can plead guilty to robbery. Aggravated robberies are typically made so due to the use or exhibition of a deadly weapon.
The differnce is the amount of time your boyfriend will have to serve before he is eligible for parole. On a 25 year aggravated sentence, the law requires that a person serve at least one half of the sentence before he is considered ELIGIBLE for parole meaning parole cannot be considered until that length of time has been served. If the sentence is non-agg, then the amount of time is based on a particular formula of the Parole Board where they take into account good conduct etc. in determinging when a defendant is eligible for parole consideration. It is usually a much smaller percentage of the sentence than the half required for aggravated cases. Good luck!