Need help with texas Defense on deadly weapon.?
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Need help with texas Defense on deadly weapon.?
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need some help to understand the law as written in Texas Penal Code 1.07(a)(17). I NEED SOME CASE law 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 fact its not a deadly weapon and is not capable of causing 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 case law to rebute this one....PLEASE HELP Need to support the fact of its not a deadly weapon to get a 3g off the case so probation is a passable for a first ever offense...i know we have alot of other factors involved here to try for probation. I do have a lawyer but for my own well being i am trying ALL avenues to educate myself in this matter to be a help if i can as well as peace of mind.
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Sec. 29.03. AGGRAVATED ROBBERY. (a) A person commits an offense if he commits robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
(17) "Deadly weapon" means:
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
1 hour ago - 4 days left to answer.
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I HAVE TRIED lexione and law searches i am not a student or getting paid for this. I Need help please!I find case law yet i can not understand it all. alot of the case law shows so many different variables i am not able to follow. please help i need to get this down to strait robbery for a probation possable sentance.
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Michael
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Thats why its case law. To cite it, you will need to determine which of the case decision most closely resembles the action you want taken. Unfortunately, the only way anyone can find the case law that applies is to do what you did. Research it and read. I doubt you are going to get a definative answer here in Answers.
Too many variables. Oh, and no guarantee even if you do site case law. The judge has final word, although you can appeal the decision. |
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