How much jail or prison time will a person receive? 6 Answers as of July 05, 2012

How much jail time will a person get with 5 counts of 211/212.5(c), 1 count of 487(c), 1 count of 459-460(b), and 1 count of 496(a)?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
This question cannot be answered without knowing the specific facts of the cases, how many victims there are, how many separate acts there are and whether issues of multiple punishment exist under PC 654.
Answer Applies to: California
Replied: 7/5/2012
Law Office of Anthony Sessa
Law Office of Anthony Sessa | Anthony Sessa
Stop worrying about how much jail time you will receive you have your priorities reversed. You should be focusing on defending the case first and then worrying about the jail time. If you walk into the court and simply plead guilty without a lawyer (public defenders included, same difference) you will got to state prison for a minimum of 10 years or more.
Answer Applies to: California
Replied: 2/27/2012
Nelson & Lawless
Nelson & Lawless | Terry Nelson
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, testimony, priors history, etc. In California, if convicted of any felony, you potentially face a minimum of one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 6-12 months in jail, plus fines. Multiple counts and charges will multiply your problems. If you have priors and strikes, those will add penalty enhancements under the 3-Strikes rules. If this constitutes a probation or parole violation, factor those new violation charge[s] and old deferred sentence[s] in as well. You're facing multiple counts with multiple years in prison or jail if convicted. As indicated, the only advice that is worth anything is for you to get legal counsel who knows how and what to do to best represent you, using whatever credible facts and evidence you may have for motions and defenses at trial, if necessary. Most cases are 'plea bargained' to avoid the risk of loss at trial and mandatory sentencing to the full term provided in the law upon conviction. The attorney's job is to get a good 'deal' you can live with, or prepare for trial.
Answer Applies to: California
Replied: 2/27/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
It seems that the robbery is also a car jacking. Top is 9 years, the other 4 car jacks would be at 1/3 the mid term of 5 years or 1yr, 8 mos each. Total potential for the jacks is 15 years , 8 mos. The other charges could run at 1/3 their mid term for a total of 2 years additional. Believe total exposure based on listed charges to be 17 years , 8 months at 85%.
Answer Applies to: California
Replied: 2/27/2012
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
Second degree robbery (211) carries up to 5 years for one count. From there, each additional count could add an extra year for 9 years on the robberies. From there, it depends on the facts as to whether or not the other charges would merge into the robbery ones or if they could be separate crimes and run consecutive to the robberies. Robbery is a strike, so they're looking at five strikes if convicted of all the counts. The time I mentioned is just the maximum - what they actually get depends on how it's charged, the facts, their record (if any) and what their attorney can do for them.
Answer Applies to: California
Replied: 2/27/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    There is a lot going on there, and the maximum penalty can be very severe for all the charges....but a good defense attorney can widdle that down and potentially get charges dismissed and reduced.
    Answer Applies to: California
    Replied: 2/27/2012
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