Sentencing and Punishment for Robbery

Posted by Chris Morales on Fri, Apr 26, 2013 @ 03:07 PM

Sentencing and Punishment for Robbery- CA Penal Code 211

According to the California Penal Code Section 211, the sentencing and punishment for robbery all depends on whether the offense is charged as first degree of second degree robbery. Let's go over First Degree and Second Degree robbery.

First Degree Robbery: A first degree conviction is punishable by 3, 4, or 6 years in state prison. If you and two other individuals act together to commit the robbery with a house of building, a first degree robbery conviction is punishable by 3, 6, or even 9 years in state prison.

Second Degree Robbery: A second degree robbery conviction is punishable by 2, 3, or 5 years in state prison. 

Enhancements: There are also other factors that can increase your sentence which includes: 

1) Great bodily injury: If you caused another individual to suffer a bodily injury during the commission of a robbery.

2) Use of a firearm: If you use a firearm during the commission of a robbery, you can be sentenced to an additional term of 10 years.

3) Discharge of a firearm: If you used and intentionally discharged a firearm during the commission of the robbery, you can be sentenced to an additional of 20 years in state prison.

4) Discharge of a firearm resulting in a bodily injury or death can sentence one to additional and consecutive term of 25 years to life in state prison.

Felony Strike Offense: Under the California Penal Code section 1192.7, robbery is considered to be a violent felony that can count as a strike on your criminal record. If you are convicted of a felony strike offense, your punishment for a robbery can be doubled because of the California's three strikes law. If you are convicted of a third felony strike offense you will serve a mandatory term of 25 years to life in prison.

If you are convicted of a robbery, the court has the discretion in determining your punishment depending on the circumstances of your case. The court can sentence you to one of two terms:

First degree robbery: 3, 4, or 6 years in state prison

Second degree robbery: 2, 3, or 5 years in stateprison

You can also be placed on probation for 3 to 5 years and have you do community service, a work release program, and pay the victim. Know that these are only a few of the probation terms that a court can impose on you they are allowed to maximize your time under the law. 

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