Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. In Michigan, armed robbery is a crime that carries mandatory prison. Georgia law defines robbery as taking property directly from another person or in their immediate presence by: An armed robbery adds the element of using or appearing to use an offensive weapon in the commission of a crime. I don't even know if that court will allow house arrest. Armed robbery is a very serious crime and the punishment can be sever. Friend: It depends on the facts. A person convicted of robbery or armed robbery faces felony penalties with lengthy prison sentences. He is a juvenile. If you are accused of a robbery in which you moved the robbery victim any substantial distancesay, forcing him or her into a car and then driving to a remote location to take his/her belongingsthen you may be charged with both robbery and kidnapping. They then take the money, often by force. You didnt use force or fear to take the property. (c) All kinds of robbery other than those listed in subdivisions (a) and (b) are of the second degree.). This person needs an experienced criminal defense attorney defending him from these charges. Jail time in the overwhelming majority of jurisdictions. Armed robbery specifically is the act of stealing from someone by using a weapon. Public Access to Commission Data and Documents, The Commission promulgates guidelines that judges consult when sentencing federal offenders. Robbery: Level 5 felony punishable by 1 to 6 years in prison and a fine of up to $10,000. 2.4. Second degree robbery: 2, 3, or 5 years in state prison. Unlike simple theft (like taking an item from a store), robbery involves taking something from a person. Add on some more years for the likely armed criminal action charge. Shoplifting occurs when someone enters a commercial building during business hours with the intent to steal property worth nine hundred fifty dollars ($950) or less. Please note: Our firm only handles criminal and DUI cases, and only in California. Being convicted of armed robbery can come with a hefty sentence. (O.C.G.A 16-5-44.1, 16-8-40, 16-8-41, 16-11-160, 17-10-6.1, 17-10-7, 42-8-60 (2022).). In these states, the use of violence or threats in conjunction with a theft will suffice. This is because Robbery I is a class A felony punishable by a sentence of 10 years to life. Armed Robbery: Level 3 felony punishable by 3 to 16 years in prison and a . The penalties for robbery are set forth in Penal Code 213 PC. We've helped 95 clients find attorneys today. Armed robbery is a crime that is committed against a person, and can range in seriousness from a misdemeanor to a first-degree grand larceny charge. This is known as the claim of right defense.38, The claim of right defense applies even if your belief that you have a right to the property is mistaken or unreasonable.39, However, it does not apply to robberies that are committed for the purposed of settling debts.40. A convicted defendant could easily face 20 years or more in prison. move it some distanceeven a very short distance. A juvenile may be treated more leniently than an adult. Yes. A criminal record can affect job, immigration, licensing and even housing opportunities. ARS 13-1904 is the Arizona statute that defines the crime of armed robbery. AGGRAVATED ROBBERY. For example, forcefully taking a library book from someone would qualify, even though the victim doesn't own the book. (The fear mentioned in Section 211 may be either: 1. Will a first offense for armed robbery get jail time or house arrest? Robbery is a felony crime, regardless of the value of the items taken. Another possible argument is that the object used in the offense was not an "offensive weapon." Your friend, who is likely to be prosecuted as an adult, better hire a darn good lawyer, because he is looking at otherwise a long stint in prison. Library, Bankruptcy His cell phone battery dies, he runs out of food and water, and he is very dirty and slightly delirious. Many debates surround items like stationary objects, canes, animals, parts of the human body, and vehicles. & This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. If the defendant intentionally injures anyone during the commission of the crime, the minimum punishment is 15 years. The consequences for any type of robbery are severe. Please explain why you are flagging this content: * This will flag comments for moderators to take action. Jennifer Leigh Gottschalk (Unclaimed Profile). A prosecutor must generally prove all the elements of thefttaking and carrying away another's property intending to permanently deprive the owner of the propertyplus that the defendant stole from a victim's person or presence, used or threatened violence or intimidation, and used a dangerous weapon. Robbery in the second degree is punished by the following felony penalties: A count of robbery is determined by how many victims there areNOT how many items of property you take.29. As such, it is the basic crime of robbery with a weapon component. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons. Most likely Department of Juvenile Justice or some other out of home placement.? In addition to the above robbery penalties, there are a variety of sentence enhancements that may add to the consequences of a Penal Code 211 robbery conviction. any driver or passenger on a bus, taxi, streetcar, subway, cable car, etc., any person in an inhabited structure, or; any person who has just used an ATM and is still in the vicinity of the ATM. Law, About Law, Immigration The law requires that the defendant actually carry the property away, even slightly. Denver Man Sentenced to 27 Years in Federal Prison for 10 Armed Bank Robberies. Joseph E. Redding (Unclaimed Profile). Penalties for Robbery in New Jersey. Taking someone's property is robbery when any amount of force is used to obtain it. (2) Robbery of the second degree is punishable by imprisonment in the state prison for two, three, or five years. Please note: Our firm only handles criminal and DUI cases, and only in California. stealing a womans purse while an accomplice points a firearm at the victim.. Example: Karina is a methamphetamine addict. Law, Intellectual In Illinois, armed robbery carries a minimum of six years imprisonment up to 30 years and a minimum of 21 years if a gun is involved. Fortunately, an experienced criminal defense lawyer can help. Bill and Andrea did take property from Victor by force or fear. Armed robbery charges require that a defendant commit the crime by "use of an offensive weapon." However, the threat must be immediate, and the crime must be committed while in the presence of the victim. First degree robbery: 3, 4, or 6 years in state prison. AV Preeminent: The highest peer rating standard. Othe sentencing options will be available only if the charge is reduced. It is impossible to predict what will happen in a serious charge like armed robbery for which the punishment is imprisonment for life or for any term of years. By Rebecca Pirius, Attorney Updated April 12, 2023 Defend your rights. Armed robbery involves multiple elements. The drug rendered the victims unconscious, overcoming their resistance to the taking of various items of personal property from their homes or persons. Travis earned his J.D. Instead, defendants are charged with a type of robbery known as "first-degree robbery" or "aggravated robbery." The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. Armed robbery is a crime that is committed against a person, and can range in seriousness from a misdemeanor to a first-degree grand larceny charge. We've helped 95 clients find attorneys today. And if they follow the victim into a home (which includes the garage), they can be charged with first-degree residential burglary. According to Riverside criminal defense attorney Michael Scafiddi37: The use of force or fear is probably the key element distinguishing California robbery from other California theft crimes. 2013).). This means that it is always a defense for a defendant to show that he/she did not try to steal something with a weapon. There is no probation and you can get up to life in prison for it depending on the circumstances. Didn't use a weapon. 440] [discussing defense in the context of theft]; see CALCRIM No. . Example: Corey is walking his poodle Max off-leash in a local park. Penal Code 211 robbery is considered a violent felony in California law.34 So it is a so-called strike offense under Californias three strikes law. For example, threatening to harm the victim's family member in six months is not imminent enough to qualify as a threat. If so, the crime is then punishable by a prison term of between seven and 21 years. In this instance, a defendant might present an alibi defense or challenge the victim or a witness's memory of the event. Consent must be given freely, by someone who understands what they are doing.15. Report Abuse 25 ANSWERS JS Jacob P. Sartz (Unclaimed Profile) Claim Your Profile Prison time if treated as an adult. Victor tells him the combination, and Bill then calls his friend Andrea, who is at the jewelry store. 2.1. It's a class A felony, 10 years to life and serve 85%. This crime carries a minimum of 3 years to a maximum of 40 years. He could be tried as an adult and sent to prison depending on his family situation and prior history. We've helped 95 clients find attorneys today. Shouse Law Group has wonderful customer service. taking someones wallet with a concealed handgun. This is his first time ever being arrested. It depends. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. If convicted, you could face five years to life in prison depending on state laws, your criminal record, and the severity of the crime. The harshest penalties apply in cases of armed robbery. The court can sentence you to one of two terms provided by law. I have never seen a judge give an armed robber probation, even if it was a first offense. Additionally, when a crime is committed using a deadly weapon, the privileges to carry a firearm could be revoked. Let's dive into the elements. The other person was carrying a fake gun. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. The elements of robbery under PC 211 are as follows: Lets take a closer look at some of the terms in this legal definition. In extortion, though, the victim does consent, as a result of the defendants use of force or threats.53, Also, the definition of force or fear is different for extortion than for robbery. However, on the other end of the spectrum, it is possible for this person, as young as he is, to get jail time. This felony carries a 10-year sentence that must run consecutively (one after another) to the robbery or armed robbery sentence. These convictions were predicated on evidence showing that in each instance appellant used Lorazepam, a tranquilizer, dissolved in hot coffee in order to drug his victims. Armed robbery also carries a mandatory minimum sentence of 10 years without the benefit of probation or parole. Burglary and robbery are commonly charged togetherbecause any robbery that takes place inside a home or building (for example, a home invasion robbery) also subjects the defendant to burglary charges. A judge could order a sentence of 31 to 41 months to defendants without a criminal history. Your access of/to and use Hal then wrestles his wife to the ground and gets the money out of her bra. An experienced defense lawyer knows how to evaluate the prosecutions case to see if it is based mostly on less-reliable circumstantial evidence. In this section, learn about the Commissions mission, structure, and ongoing work. Distinguished: An excellent rating for a lawyer with some experience. 1 attorney answer Posted on Feb 14, 2010 Under the scenario you described the minimum punishment would be 20 years. The penalties for Penal Code 211 robbery depend on whether it is classified as so-called first-degree or second-degree robbery.22. The confront Mike, and he runs away, carrying the equipment. Pushing someone down, hitting someone, wresting something from the victim's grasp are all examples of violence. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. PC 211 robbery is distinguished from other California theft crimes by the fact that robbery always involves the use of force or fear.. Note that this section is often abbreviated as PC 211, 211 PC or 211 CPC which are short for the California Penal Code. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. 16-8-40, 16-8-41 (2022); Avila v. State, 744 S.E.2d 405 (Ga. App. In South Carolina, armed robbery carries a mandatory minimum sentence of 10 years of which the offender must serve 85%. This is NOT California robbery, because Ben did not deprive the hiker of a major portion of the value or enjoyment of his phone. He is 17 years old. In this situation, the potential maximum prison sentence is 104 years. Kim gives her bag to Michelle. Penal Code 207 PC, Californias kidnapping law, punishes the use of force or fear to move another person a substantial distance.49. A person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon.The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery. Hijacking a vehicle carries a felony sentence of one to 10 years' incarceration. Armed robbery is typically undertaken at a bank or other commercial premises and involves a gun, knife, baton or another weapon. So, for example, grand theft or petty theft (and not California robbery) will be charged in cases involving pickpocketing or shoplifting. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. 24/7 Help: The first few elements of armed robbery are to intentionally place someone in fear by force; the elements of both assault and battery are within the elements of armed robbery. Read our blog to learn about the consequences of the crime. What are the different Martindale-Hubbell Peer Review Ratings?*. Present ARMED ROBBERY We assume that "armed robbery" refers to robbery in the first degree when armed with a deadly weapon, categorized under CGS 53a-134(a)(2) and 53a-134(b) as a class B felony with the added provision that an offender must be sentenced to at least five years imprisonment, which may not be suspended or reduced by the court. For instance, locking a clerk in a storeroom after forcing the clerk to open the safe would constitute robbery, because the safe was under the clerk's control. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Some are non-probationable, with minimum sentences from 6 years to 21 years depending on the facts. This is why the crime is sometimes referred to as larceny by threat or force.. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. A good attorney will be able to realistically assess your chances at dismissed or reduced charges, a plea bargain, or the likely consequences should you go to trial as charged. (If a person honestly believes that he or she has a right to the property even if that belief is mistaken or unreasonable, such belief is a defense to robbery. These include: Penal Code 12022.7 PC Californias great bodily injury enhancement, If, while committing a robbery, you cause another person to suffer a great bodily injury (defined as a substantial physical injury), then you could be subject to California Penal Code 12022.7, Californias great bodily injury enhancement.30, This sentencing enhancement can add an additional three (3) to six (6) years to your California robbery sentence.31, Penal Code 12022.53 10-20-life use a gun and youre done, Californias 10-20-life use a gun and youre done law provides for significantly longer sentences for defendants who use a gun in the commission of a robbery.32. See also. 4; First-degree robbery leads to a California state prison sentence of between three (3) and nine (9) years. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. He needs an attorney now! Our attorneys explain the law, penalties and best defense strategies for every major crime in California. However, there are mitigating circumstances that could reduce the amount of time spent in prison. As a result, you will only be charged with crimes that have different components. A subsequent offense carries a mandatory minimum sentence of 10 years. Armed robbery is a form of theft that involves stealing property while carrying (or the pretense of carrying) a weapon. Copyright 2023 Shouse Law Group, A.P.C. Some states may allow a claim by the defendant that he was taking only what was his. Additionally, if the dangerous weapon used in the alleged offense is a firearm, then the mandatory . Atty. (602) 946-4200. snatching a persons briefcase while holding a gun to such persons back. For extortion, it includes not just threats to injure a person or their propertybut also threats to, Extortion is a felony, punishable by two (2), three (3) or four (4) years in county jail.55, Finally, Penal Code 459 PC burglary makes it a crime to enter a room, building, or locked vehicle, with the intent to commit a felony (such as a robbery) once inside.56. Example: Hal goes to the house of his wife, from whom he is in the process of getting divorced. in 2017 from the University of Houston Law Center and his B.A. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. When you used fear or force to take the property, you intended to deprive the owner of it either permanently or for a long enough time to deprive him/her of a major portion of its value. A person 17 years old can be charged as a juvenile or certified as an adult due to the violent nature of the crime. Your friend needs to hire a private attorney in order to try to keep his freedom. "Bank jugging"sometimes just called "jugging"involves stealing from someone who recently withdrew money from a bank. Law, Employment Your friend needs a good attorney. Definitely recommend! The person who has taken another's property must have intended at the time to permanently deprive the victim of that property. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc. The crime is also sometimes referred to as Police Code 211. However, it could be assault, harassment, terroristic threats, or another crime. It has a mandatory service time of 85%. It certainly could get jail time, especially if a deadly weapon was involved, but not necessarily. You didnt use force or fear to take the property; You honestly believed that you had a right to the property; You are a victim of mistaken identity; and. There was a problem with the submission. If you took or attempted to take someones property, they may well have been intimidated enough to hand over the property without you actually taking any specific action to cause force or fear. Example: Doug meets Christine in a bar, and she invites him back to her house for coffee. For purposes of California robbery law, possession doesnt have to mean that a person is actually holding or touching the property. Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property which may be the subject of larceny shall be punished by imprisonment in the state prison for life or for any term of years; provided, however, that any person who commits any offence described herein while masked or d. Let's see how we can help. Defendants who are unable to pay restitution to the victims may be ordered to perform community service instead. The victim is a driver or passenger of a bus, taxi, cable car, streetcar, trackless trolley, subway, or other similar transportation for hire; The robbery takes place in an inhabited house, boat, or trailer; or. The U.S. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. For questions about PC 211 robbery, or to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact us at Shouse Law Group. For more information on Nevada robbery laws, please see our page on Nevada robbery laws. Do Not Sell or Share My Personal Information, placing the person in fear of serious bodily injury to him or herself or another, or. Penal Code 213 PC Robbery; punishment, endnote 1, above. Law, Products Defendants are sometimes charged with this offense after the police obtain a weapon following a search and seizure. Put another way: The money in the safe was within the clerk's control in that he could have prevented the taking but for the robber's threats or violence. Quartavious Davis of Florida was sentenced to 162 years in prison with no possibility of parole for his role in an armed . Code, 211), Related Issues: Claim of Right. They were so pleasant and knowledgeable when I contacted them. A person only has to take the property of another. Some are non-probationable, with minimum sentences from 6 years to 21 years depending on the facts. the defendant was a victim of mistaken identity. Criminal Defense Penal Code 211 PC - Robbery. Robbery Universal Citation: GA Code 16-8-40 (2020) A person commits the offense of robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another: By use of force; Georgia's laws impose harsh sentencing provisions on defendants convicted of robbery and armed robbery. Armed robbery involves multiple elements. A person commits armed robbery by stealing property from someone else using violence or intimidation and while carrying a dangerous weapon. Judicial Council of California Criminal Jury Instructions, CALCRIM 1600 ([A person does not have to actually hold or touch something to possess it. It is important to note that, in general, armed robbery does not necessarily have any defenses available. . Jul 04, 2012 at 9:30 am. And even if they don't use any force or intimidation, the charges can be serious. 16-5-44.1, 16-8-40, 16-8-41 (2022).). Twenty-five (25) years to life if you cause a person great bodily injury or death with a firearm during a robbery. A defendant clearly does so when he hits the victim or fires a gun, but he also does so when he exhibits or carries the weapon and threatens to use it. It is likely that he will receive some time in jail. A fine of up to ten thousand dollars ($10,000). CALCRIM 1600 Robbery (Pen. However, if a defendant committed armed robbery while wearing a mask or otherwise any form of disguise, the mandatory minimum prison term is five years for a first offense.