How long will someone go to jail for armed robbery? 51 Answers as of December 28, 2011

He has never been in trouble before and he did not have the gun. The other person was carrying a fake gun. What is he looking at?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
He'll need to retain an attorney to assist him. If he cannot afford to retain a lawyer, the court will appoint him one at the public's expense. "Armed Robbery" is a very serious felony. However, if a person is convicted of a felony or certain high-court misdemeanors, Michigan has sentencing guidelines that provide guidance for determining a person's minimum, minimum possible sentence and their maximum, minimum sentence. These guideline scores depend on a litany factors, including a person's prior criminal history, the circumstances of the alleged offense, the type of offense, etc. They also determine the type of potential sanctions. In certain situations, the sentencing judge must send a person to prison unless they have a substantial and compelling basis to depart from the guidelines. If a person is only looking at a county term, the judge just sets the county term in months. County terms are capped at one year. He'll need a thorough review of his case for an analysis as to how much time he'll face for his minimum amount of time, or., i.e., if he's looking a prison time, the earliest possible date for parole. His maximum is the maximum for the offense pursuant to the law, but the judges rarely set the maximum that high. With this type of offense, people are usually looking at prison time for a conviction. There are limitations on where a judge can set the maximum as well. He should retain a lawyer or ask the court to appoint him a lawyer to assist him with that matter.
Answer Applies to: Michigan
Replied: 12/28/2011
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
He is equally responsible regardless of who brought the gun or even held it. Aggravated robbery carries from 5 to 99 years or life in prison, or possibly deferred adjudication probation from a judge or straight probation from a jury.
Answer Applies to: Texas
Replied: 12/19/2011
Law office of Robert D. Scott | Robert Scott
Ten years or more, if convicted.
Answer Applies to: Maryland
Replied: 12/14/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
The answer to thta depends on all the facts in the case and the person's prior record. Armed Robbery is MANDATORY PRISON. It carries up to Life or any term of years. He needs a good attorney.
Answer Applies to: Michigan
Replied: 12/12/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Aiding and abetting holds the same penalty as if the person committed the crime himself. Armed robbery is a very serious criminal charge. So serious, in fact, that you are looking at a strike offense. Three strike convictions will subject you to a 25 to life penalty in State Prison. Armed robbery is also a felony carrying a sentence of more than 365 days in State Prison.
Answer Applies to: California
Replied: 12/12/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    If convicted the standard sentence is 31-41 months for a first time Robbery 1 (armed w/ what appears to be a firearm) but I would expect that this case would be pled out to a lesser charge thus less jail.
    Answer Applies to: Washington
    Replied: 12/9/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    There's no way to answer your question without knowing all the facts. In addition it will depend on the prosecutor's attitude and the judge's decision on what the penalty should be.
    Answer Applies to: Louisiana
    Replied: 12/8/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The sentence on a robbery felony is not the same for everyone. I depends upon the exact severity level offense combined with the person's prior criminal history.
    Answer Applies to: Kansas
    Replied: 12/7/2011
    Myles Hahn III Attorney at Law | Myles Hahn III
    Armed Robbery is a Class X offense. The sentincing range is 6 to 30 years in prison. The penalty could be even more harsh, if defendant has prior criminal convictions. The State in an Armed Robbery case must prove that a deadly weapon was used. The case should be discussed in person with an attorney regarding all facts. The State, for example, could argue that a "fake gun" was used to hit someone in the face and that it was a deadly weapon. Other persons can be held accountable for the crime even if they didn't actually do the robbery. A driver, or someone supplying the gun, could be held equally accountable in some circumstances. It should be discussed with an attorney.
    Answer Applies to: Illinois
    Replied: 12/7/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    If there was no real gun than it can not be proven to be armed robbery. If get convicted sentencing depens on exactly what got convicted of and the judge.
    Answer Applies to: New York
    Replied: 12/7/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Armed robbery is a violation California penal code section 211. 211 . Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. 212 . The fear mentioned in Section 211 may be either: 1. The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or, 2. The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery. If the person being robbed is fearful that the gun is real then it is an armed robbery even if the gun was not real. The penalty for second degree robbery is punishable by imprisonment in the state prison for three, four, or six years
    Answer Applies to: California
    Replied: 12/7/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Minimum of 2 years.
    Answer Applies to: Michigan
    Replied: 12/7/2011
    The Law Offices of Scott L. Little, LLC | Scott L Little
    Armed Robbery in the State of Maryland is punishable by up to 20 years in jail. However, Maryland uses the Maryland Sentencing Guidelines in establishing the appropriate sentence for criminal offenses. The guideline amount is a function of the offender score based on the criminal history of the Defendant and the offense score based on the type of crime, weapons involvment, injury etc. As such, the guidelines dictate the appropriate range for sentencing. Notwithstanding the above the first question is whether the individual could properly be convicted of armed robbery since the gun was "fake". Arguably, an armed robbery did not take place.
    Answer Applies to: Maryland
    Replied: 12/7/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    In state court, 4-32 years depending upon the circumstances. However, he may also be eligible for probation if it can be established the gun is fake. If the property of a financial institution was taken-it can be a federal case.
    Answer Applies to: Colorado
    Replied: 12/7/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If he is charged with Armed Robbery, then he is looking at potentially life in prison. If found guilty it would be highly unlikely he would get life, especially if he has no previous record. He would have to do some prison time as probation is not an option for this charge unless a plea bargain is offered for a lesser charge. This is extremely serious so he needs to have a serious talk with an experienced criminal attorney before he agrees to anything.
    Answer Applies to: Michigan
    Replied: 12/7/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    You haven't given enough details to fully answer this question, but robbery is a serious felony where he can be sentenced to many years in state prison. Without a previous criminal record, that lessons the chances, but not entirely.
    Answer Applies to: New York
    Replied: 12/7/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Assuming all that happened was a robbery, no one hurt, I believe the range is 2, 3 or 5 years.
    Answer Applies to: California
    Replied: 12/7/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    That would be 2, 3 or 5 years.
    Answer Applies to: California
    Replied: 12/7/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    Armed robbery is a first degree crime punishable by 10-20 years in prison, of which 85% must be served before parole eligibility. Depending on the county, the case, the person, and other factors, it may be possible to plead to a lesser charge such as robbery (second degree, 5 -10 years) or theft (third degree, 3-5 years). More information is necessary and he definitely needs a lawyer.
    Answer Applies to: New Jersey
    Replied: 12/7/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That depends on a number of factors. If he is under 21 he will probably get probation. (If he is under 25 with no prior record he could still get probation. If he is over 25 and had a record he will have to plead to a felony and face an average sentence of 3-5 years in a state prison. It does not matter that he did not have the gun. He took part in a violent felony offense and a gun was used. Most District Attorneys will not reduce any case where a gun is used. He will be a convicted felon and have a very hard time getting a job for the rest of his life. He risked his entire future to steal a few dollars and he risked his life and the lives of the victim hr robbed. That is just about as stupid as it gets.
    Answer Applies to: New York
    Replied: 12/7/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    2-20 years. Better hire the best attorney you can afford.
    Answer Applies to: Texas
    Replied: 12/7/2011
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    The maximum penalty for armed robbery in Georgia is a life sentence. However, the usual sentencing range is 10 to 20 years. On the other hand, if the armed robbery involved stealing controlled substances from a pharmacy, the sentence is 15 to 20. It is not infrequent for some sentences of this length to be served partly on probation or parole instead of the entire term in prison. In addition, some persons are eligible for treatment under the First Offender Act, which means their record can be expunged if they complete the probation term successfully.
    Answer Applies to: Georgia
    Replied: 12/7/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Penalties depend on a lot of factors, including age, criminal history, severity of the charges, amount of pecuniary loss involved, character and remorsefulness of the defendant, how egregious the facts are, was anyone injured, has the defendant cooperated on other prosecutions, etc. I can't offer an opinion without knowing all of the details.
    Answer Applies to: New York
    Replied: 12/7/2011
    Leonard J. Levenson Attorney At Law | Leonard J. Levenson
    For a first offense for Armed Robbery the mandatory minimum sentence is 5 years. The judge can give him up to 25 years. He can plea bargain down to 3 to 15 years.
    Answer Applies to: New York
    Replied: 12/7/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    The fact that the gun was fake is immaterial because the gun was used to instill fear upon the individual ad that individual believed that the gun was real. You're looking at a charge of robbery in the first degree, defined as follows: A person is guilty of robbery in the first degree if: (a) in the commission of a robbery or of immediate flight therefrom, he or she: (i) is armed with a deadly weapon; or (ii) displays what appears to be a firearm or other deadly weapon If convicted, you are looking at some rather substantial prison time, probably a minimum of 5 years. more possibly, depending upon the particular facts of your case. Hire an attorney!!
    Answer Applies to: Washington
    Replied: 12/7/2011
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    /*Wyoming Statute Sec. 6-3-301(c)*/, Aggravated Burglary carries a penalty of a minimum of 5 years and a maximum of 25 years in prison. With the assistance of a criminal defense attorney and a clean criminal history, probation may not be entirely out of the question. You must keep in mind, that the Court could give you at least 5 years in prison or up to 22-25 year sentence imposed. A lot depends on the facts of the crime, who the victims are, who the judge is, and the District Attorney involved. If you are in a lower populated area, this could be the crime of the year. The court could want to send a message. Wyoming Does not have a sentencing guideline range. This is the way the statute reads... (c) Aggravated burglary is a felony punishable by imprisonment for not less than five (5) years nor more than twenty-five (25) years, a fine of not more than fifty thousand dollars ($50,000.00), or both, if, in the course of committing the crime of burglary, the person: (i) Is or becomes armed with or uses a deadly weapon or a simulated deadly weapon; (ii) Knowingly or recklessly inflicts bodily injury on anyone; or (iii) Attempts to inflict bodily injury on anyone. (d) As used in this section "in the course of committing the crime" includes the time during which an attempt to commit the crime or in which flight after the attempt or commission occurred.
    Answer Applies to: Wyoming
    Replied: 12/7/2011
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    They range of punishment for aggregated robbery is 5 years tdc to 99 years. If he has a clear record with no felony convictions he is eligible for probation.
    Answer Applies to: Texas
    Replied: 12/7/2011
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    I really need some more facts to answer this fully. But a robbery has penalty ranges from 2,3, 5 years, and is he was not the person holding the "gun" he could get another year for being "armed" even though the other person actually had the "gun" at the time. There is a legal issue as to whether or not a "fake gun" qualifies as a firearm under the statutes. This will depend largely on the evidence. There may be other charges hiding in this brief fact pattern as well.
    Answer Applies to: California
    Replied: 12/7/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Generally armed robbery is a felony and is punishable by over a year of prison... If there are no priors this may be beneficial and may be cause for no jail time but the courts generally treat crimes of alleged violence very seriously, technically although there was no actual weapon this may still be considered a crime of violence. Also, if he did not possess the gun he could still be liable for the gun as an accessory given that his accomplice possessed it and it was used during the commission of the crime. I would suggest hiring an attorney immediately if possible, our office regularly handles such cases and if you are interested in hiring us contact us at your earliest convenience.
    Answer Applies to: New York
    Replied: 12/7/2011
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    That is probably charged as an aggravated robbery, which is a level 3 person felony. That carries a prison sentence between 55 months and 247 months. If he indeed has no prior record, the presumption is prison for 55 to 61 months. This could be potentially reduced (or increased), especially if a plea deal is reached.
    Answer Applies to: Kansas
    Replied: 12/7/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    This is a non-probational offense. You can do from 2-years to 30. With no record it is closer to 2. It is 1-15 for the robbery and an enhancement or 1-15 for the gun. It does not really matter that he did not have the gun.
    Answer Applies to: Nevada
    Replied: 12/7/2011
    Attorney at Law | Ruchee Patel
    Aggravated Robbery is a no deals, no probation, no parole offense in Tennessee. The minimum sentence for a first felony offender is 7.2 to 8 year,
    Answer Applies to: Tennessee
    Replied: 12/7/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    There are different degrees for armed robbery. A first degree offense requires that a robbery was committed with a dangerous weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon, or inflicts bodily harm upon another. It carries with it imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both.
    Answer Applies to: Minnesota
    Replied: 12/7/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    In Alabama wheher the gun is real or not still makes the crime robbery first. Without a record he could be facing not less than 10 years nor more than 99 years or life in the state prison.
    Answer Applies to: Alabama
    Replied: 12/6/2011
    Culp , Doran , Seidlin & Genest | Michael Culp
    Robbery in the 1st degree carries a maximum sentence of 25 years with the person being convicted being required to serve a minimum sentence of 70 percent of that sentence or 17.5 years. You should consult with an experienced criminal defense attorney.
    Answer Applies to: Iowa
    Replied: 12/6/2011
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    In Illinois six to thirty years, non probationable. Fake gun or not.
    Answer Applies to: Illinois
    Replied: 12/6/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    Minimum in Georgia is 10 years straight - no parole, no probation, no early release of any kind. Max is either 20 or life. On a sentence between 10 and 20, expect parole to come up no earlier than 65% of the sentence beyond the 10 year mandatory minimum. As for not having the gun -tough luck; he is a party to the crime and is considered just as responsible as the one with the weapon. Fake gun = real gun for armed robbery purposes.
    Answer Applies to: Georgia
    Replied: 12/6/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The mandatory minimum on an armed robbery is ten years in prison, without the possibility of parole.
    Answer Applies to: Georgia
    Replied: 12/6/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Someone charged with robbery could potentially face prison even on a first offense. However if a real gun was not used, and the person has a clear record, he will likely be placed on probation and be required to serve some time in local jail. The amount could vary depending on the jurisdiction, judge, and several other factors, anywhere from 30 days to a year.
    Answer Applies to: Minnesota
    Replied: 12/6/2011
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    Robbery is a Class B Felony in NH (Maximum penalty is 3 - 7 years in the NH State Prison and $4,000 fine) unless the person is armed with a deadly weapon. If the person is armed with a deadly weapon or reasonably appeared to be armed with a deadly weapon or inflicted or attempted to inflict death or serious injury, then it is a Class A felony (punishable up to 7 - 15 years in the NH State Prison and $4,000 fine). However if the person is actually armed with a firearm, then the maximum is 10-20 years in the NH state prison with a minimum of 3-6 years. I listed the maximum penalties and minimum penalty if a firearm is involved but each individual case is very different from the next case and it always depends on the court, specific facts and circumstances and what judge that may hear the defendant's case. You should definitely contact an attorney to review the facts and circumstances of the case.
    Answer Applies to: New Hampshire
    Replied: 12/6/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    If it is a first degree charge then he is facing up to 20 years in prison with an 85% parole disqualifier. If it is a second degree charge then he is facing up to 10 years in state prison with an 85% parole disqualifier.
    Answer Applies to: New Jersey
    Replied: 12/6/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Upon conviction for armed robbery, a prison sentence up to twenty years will be imposed.
    Answer Applies to: New Jersey
    Replied: 12/6/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    If it is first degree robbery then it is punishable by three, six or nine years in prison then add one year for vicarious arming.
    Answer Applies to: California
    Replied: 12/6/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    Real gun means 10-32 years of DOC fake could result in probation - need some proof of fake gun or else likely assume real gun. Just won an agg rob trial when jury found my client's sword was not a deadly weapon.
    Answer Applies to: Colorado
    Replied: 12/6/2011
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    VA uses sentencing guidelines that you are computed using defendant's personal info. Co-defendants can share culpability, even if they did not hold, the gun."
    Answer Applies to: Virginia
    Replied: 12/6/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    That depends on whether he has been charged federally or in the state. You can calculate a range of sentencing by going to the Washington State Sentencing Guidelines Commission's web site for state court. The Federal Government also has a sentencing guidelines commission that you can probably access on line. Incidentally, it doesn't matter if the gun was fake or real. If it is displayed with the intent to intimidate, it's a weapon.
    Answer Applies to: Washington
    Replied: 12/6/2011
    Law Office of James S. Lochead
    Law Office of James S. Lochead | James S. Lochead
    Asuming you are referring to someone above the age of eighteen, they will likely get two years in prison. In light of the fact the gun was not real, it was not in fact armed robbery. Nevertheless, in California, robbery is a strike and the consequences of committing a robbery are severe.
    Answer Applies to: California
    Replied: 12/6/2011
    Meyer & Kiss, LLC | Daniel Kiss
    If sentenced on the charge of armed robbery, your friend would get 6 to 30 years time at 50%. Armed robbery is a Class X offense in Illinois. The sentencing range for a Class X offense is 6 to 30 years. Class X felonies are not probationable. It is possible he could get more if the State sought a firearm enhancement for the sentence because it was a felony committed with a gun. I would need some more details before giving you a better opinion on that. If the case went to trial, it is possible that the defendant could be found of a lesser charge, such as robbery. That carries a shorter sentence, and is probationable in some cases. The defendant could also seek a plea bargain on a lesser charge without going to trial. But the State will make the decision whether to reduce the charge, or go ahead with the case as it is currently charged, armed robbery. Your friend has a serious case and needs good legal advice immediately.
    Answer Applies to: Illinois
    Replied: 12/6/2011
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