Will a first offense for armed robbery get jail time or house arrest? 64 Answers as of June 28, 2013

My friend was arrested for armed robbery. This is his first time ever being arrested. He is 17 years old.

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Law office of Robert D. Scott | Robert Scott
Probably jail time, plus fines.
Answer Applies to: Maryland
Replied: 6/28/2013
Nenye Uche—Attorney at Law
Nenye Uche—Attorney at Law | Nenye Uche
It all depends on the circumstances surrounding the case, and most importantly, your friend's criminal background. He needs to see an attorney, right away.
Answer Applies to: Illinois
Replied: 8/14/2012
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
As he is 17 years old he qualifies for youthful offender treatment.
Answer Applies to: New York
Replied: 8/14/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Robbery first carries the same penalty as murder. Most people, 17 years old or older, are fortunate if they get probation or a small split sentence, or even youthful offender status. The minimum sentence, if a deadly weapon was used, is 20 years to serve.
Answer Applies to: Alabama
Replied: 8/14/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
It depends. Armed robbery is SERIOUS stuff. Do you have a criminal record? Are you credible?
Answer Applies to: Michigan
Replied: 8/14/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    At least jail if not prison. Hire a good attorney.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    It is likely that he will receive some time in jail. How much would be determined after application of the Michigan Sentencing Guidelines.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    A person 17 years old can be charged as a juvenile or certified as an adult due to the violent nature of the crime. A juvenile may be treated more leniently than an adult. However, the use of a firearm is an aggravated factor which would make it very likely that a judge will impose jail or imprisonment. Most judges believe in the axiom, "use a gun, go to prison".
    Answer Applies to: Nevada
    Replied: 8/14/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    Jail time.
    Answer Applies to: Rhode Island
    Replied: 8/14/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Jail time.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    Depends on the county and the facts of the case. Consult with a criminal defense attorney in your area to get a more accurate opinion.
    Answer Applies to: California
    Replied: 8/14/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    It depends on the prosecutor, judge and county. Seek representation.
    Answer Applies to: Minnesota
    Replied: 8/14/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Armed robbery carry with it if convicted a mandatory minimum sentence of 10 years to serve. Your friend needs an attorney RIGHT NOW!
    Answer Applies to: Georgia
    Replied: 8/14/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The penalty will be the decision of the judge. Jail time is a possibility, but the judge has the discretion to place a person on probation including house arrest.
    Answer Applies to: Kansas
    Replied: 8/14/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    It depends on the facts, but armed robbery usually leads to jail time, even for a 1st offense.
    Answer Applies to: Massachusetts
    Replied: 8/14/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Depends on the Judge, the DA, the county, the facts and most importantly your lawyer. I don't even know if that court will allow house arrest. Better hire the best lawyer you can afford.
    Answer Applies to: Texas
    Replied: 8/14/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Aggravated robbery is a crime of violence and carries a mandatory 10 years in prison BF needs to say nothing about the facts to anyone other than his attorney - all jail calls are recorded and will be used against him - do not let him talk. Get an attorney ASAP - public defenders are better than many attorneys but a good private attorney is best.
    Answer Applies to: Colorado
    Replied: 8/14/2012
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    Non probationable...six to thirty years in prison.
    Answer Applies to: Illinois
    Replied: 8/14/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Depends. Is he being tried as a juvenile or as an adult. IF tried as a juvenile, his chances are better.
    Answer Applies to: Nevada
    Replied: 8/14/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    This is a Class X felony in Illinois, with a mandatory 6 year prison sentence at the least, possibly more.? He better hire a good criminal defense attorney who can review all the evidence, and determine the best alternative for him. Perhaps he can get it bargained down to aggravated robbery or robbery for a term of penitentary boot camp, which would reduce the time he would serve.
    Answer Applies to: Illinois
    Replied: 8/14/2012
    The Law Offices of Stephen L. Richards | Stephen L. Richards
    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. You need to get a lawyer.
    Answer Applies to: Illinois
    Replied: 8/14/2012
    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, expected testimony, priors history, etc.

    The charges actually filed by the DA will determine how much time and other penalties could potentially be imposed.

    You'll learn the actual charge[s] and any enhancements filed and get copies of all the police reports and prosecutors evidence when appearing for arraignment at the first court hearing.

    In California, if convicted of any felony, like armed robbery, you potentially face several or more years in prison, not house arrest.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    A conviction for armed robbery is a non-probationable felony so a mandatory prison sentence is involved.
    Answer Applies to: Nevada
    Replied: 8/14/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Perhaps only restitution and probation if you get a good attorney.
    Answer Applies to: Pennsylvania
    Replied: 8/14/2012
    Steven Alpers | Steven Alpers
    Most likely Department of Juvenile Justice or some other out of home placement.? He could be tried as an adult and sent to prison depending on his family situation and prior history.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    If convicted he shall be sentenced to a minimum of six years in prison in Illinois.
    Answer Applies to: Illinois
    Replied: 8/14/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    That depends upon the judge and the sentencing guidelines. However, typically first time offenders do not receive jail time. Since your friend is being charged with a serious felony, one involving a weapon, which could lead to a separate charge of felony firearm (which carries a mandatory 2 year sentence), he should obtain counsel.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Armed robbery is extremely serious. If convicted, your 17 year old friend will get at least 10 years in prison without the possibility of parole.
    Answer Applies to: Georgia
    Replied: 8/14/2012
    Law Offices of Christopher R. Smitherman, LLC | Christopher R. Smitherman
    It depends on application of the sentencing guidelines. Of importance is the victim and his/her damages from the case and?the prior criminal history.

    Prosecutors generally make recommendations from the guidelines and the court is free to employ guidelines and can also deviate from them as well.

    A skillful defense lawyer can make some recommendations for the defendant which may allow alternatives to incarceration.
    Answer Applies to: Alabama
    Replied: 8/14/2012
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    Sentencing is dependent not only on the history of the defendant, but on the facts of the case, the sentencing guidelines, the severity of the crime, and the judge involved. 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.
    Answer Applies to: Michigan
    Replied: 8/10/2012
    T.K. Byrne | Timothy K. Byrne
    Jail time in the overwhelming majority of jurisdictions.
    Answer Applies to: Mississippi
    Replied: 8/14/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    He should have it moved to Juvenile court. Not the best case for house arrest. You really have to give more facts.
    Answer Applies to: Nebraska
    Replied: 8/14/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    If he is tried as an adult he is almost certainly facing incarceration.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Armed Robbery is MANDATORY PRISON. There is no jail or house arrest or probation. The person that is convicted of it MUST go to prison. Your friend needs a good attorney.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That will depend on a number of factors. He should retain a good criminal lawyer. I have had many cases of armed robbery by young men who wanted to be "thugs" and "gangsters" and who were given Youthful Offender Status with probation because of their age and the fact that I convinced the judge and prosecutor to not give them, a violent felony record that would ruin their lives.

    If he used a loaded gun it is much more difficult to get such a plea deal. He may get a felony record with probation, or he may get a year in jail, but that depends on who, what, where, and the jurisdiction he is in.
    Answer Applies to: New York
    Replied: 8/14/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Probably Jail time. Get an attorney, and plead down to something lower so maybe he can get PTI.
    Answer Applies to: New Jersey
    Replied: 8/10/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Prison time if treated as an adult. If a youthful exception rule applies he may get jail or house arrest. On a Armed Robbery charge for a youthful offender it is possible to get probation but not likely.
    Answer Applies to: Florida
    Replied: 8/14/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    It is not appropriate to answer a question this serious in this forum. Your friend should retain an attorney immediately and describe all of the facts to him/her.
    Answer Applies to: Illinois
    Replied: 8/14/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Yes. Armed robbery is a very serious crime and the punishment can be sever. Your friend needs to hire a private attorney in order to try to keep his freedom.
    Answer Applies to: Florida
    Replied: 8/14/2012
    Lee Law Group | Ernest Lee
    Friend: It depends on the facts. He may be acquitted, (found not guilty), or the case may be dismissed, with the right legal representation. However, on the other end of the spectrum, it is possible for this person, as young as he is, to get jail time. The nature of the robbery is what will be determinative on whether he gets time of not.
    Answer Applies to: California
    Replied: 8/13/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A robbery offense is very serious and carries with it a presumption for prison time in most instances. As a result, you would be wise to consult with experienced legal counsel.
    Answer Applies to: Minnesota
    Replied: 8/14/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    I don't know, it is up to the probation officer and the judge.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Probably prison time when a weapon is used in the commission of a crime.
    Answer Applies to: Missouri
    Replied: 8/14/2012
    William L. Welch, III Attorney | William L. Welch, III
    Usually armed robbery convictions result in prison time. Sometimes they result in local jail time. If your friend is 17, he should move to transfer jurisdiction to juvenile court.
    Answer Applies to: Maryland
    Replied: 8/14/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If your friend is convicted of armed robbery, he will do jail (probably prison) time. The fact that he was armed during the commission of the crime does not bode well for him. That is what is called an "aggravating factor" which results in an increased sentence. The fact that he is 17 (minor) is irrelevant, as he will in all likelihood be charged as an adult. My advice: Get and attorney!
    Answer Applies to: Washington
    Replied: 8/14/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Maybe, there is a five year minimum for aggravated robbery in Wyoming.
    Answer Applies to: Wyoming
    Replied: 8/14/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    For armed robbery a seventeen year old would be charged as an adult. If convicted he will go to county jail or state prison. He needs an attorney now!
    Answer Applies to: California
    Replied: 8/14/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    It is impossible to say what the court and the prosecutor will do. It certainly could get jail time, especially if a deadly weapon was involved, but not necessarily. For the best results, hire a talented defense attorney immediately.
    Answer Applies to: Utah
    Replied: 8/14/2012
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    There is no way to predict any outcome based on the limited information submitted but if this is a strong Robbery 1 case with a firearm there is a strong chance there will be a term of confinement if a guilty finding is entered.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Armed robbery is considered a violent crime. Although you might be a first time offender, the Court still could order jail time. It will also depend on whether you accept a plea and as part of the plea, the DA has no opposition to probation. Good luck.
    Answer Applies to: Nevada
    Replied: 8/14/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    If convicted of armed robbery, there is a 99% chance the individual will go to prison, not jail, not house arrest.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Reeves Aiken & Hightower | Arthur K. Aiken
    In South Carolina, armed robbery carries a mandatory minimum sentence of 10 years of which the offender must serve 85%. Othe sentencing options will be available only if the charge is reduced.
    Answer Applies to: South Carolina
    Replied: 8/14/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Robbery is mandatory state prison except in unusual circumstances. If armed is with a gun it is prison. Max exposure is 5 for the robbery and 10 for a gun.
    Answer Applies to: California
    Replied: 8/14/2012
    John P Yetter | John Yetter
    Armed robbery sentences depend in great part on the type of weapon used. Some are non-probationable, with minimum sentences from 6 years to 21 years depending on the facts. Some are not.
    Answer Applies to: Illinois
    Replied: 8/14/2012
    Law Offices of Steven R. Hunter | Steven Hunter
    No, Armed Robbery has a mandatory minimum of 6 years of incarceration.
    Answer Applies to: Illinois
    Replied: 5/29/2013
    Castro, Rivera & Associates | Sandra Rivera
    If he was charged as an adult it's very likely that he'll have to serve some time since a weapon was used in the commission of the robbery. Florida follows a point system and every crime has a certain amount of points allotted to it. After a calculation it'll come back with the minimum number of months of incarceration. These points can be increased if he has prior offenses, if someone was injured and especially if he was using a firearm. If this was his first offense and he was only an accomplice he may get a better deal testifying against his co-defendants or if the facts aren't strong. It all depends on the details of the case and how strong of a case it is. If he's charges as a juvenile, again it's very possible he'll get time in a commitment facility but it's going to depend on how bad the facts are. He needs to speak with an attorney so that they can properly evaluate the strength and weaknesses of the case.
    Answer Applies to: Florida
    Replied: 8/14/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    First offense for armed robbery is a mandatory minimum of ten years in a maximum security prison. The maximum penalty is life, which means 30 years before parole eligibility.
    Answer Applies to: Georgia
    Replied: 8/14/2012
    Glojek Ltd | Joseph E. Redding
    Armed robbery is a serious felony offense. However, each sentence is specifically tailored for each individual defendant. The court will look at the defendant's character, the seriousness of this offense, and the need to protect the public from this individual. Depending on those factors depends on if he/she goes to prison, jail, house arrest, or probation.
    Answer Applies to: Wisconsin
    Replied: 8/14/2012
    Randall M. England, Attorney at Law
    Randall M. England, Attorney at Law | Randall M. England
    A conviction for armed robbery will almost certainly result in prison time. It's a class A felony, 10 years to life and serve 85%. Add on some more years for the likely armed criminal action charge. I have never seen a judge give an armed robber probation, even if it was a first offense.
    Answer Applies to: Missouri
    Replied: 8/14/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    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.
    Answer Applies to: California
    Replied: 8/14/2012
    Mary W Craig P.C. | Mary W Craig
    A defendant who is 17 can apply for youthful offender status. If a court grants YO status, then the longest sentence he can get is 3 years. However, armed robbery is quite serious, and a judge may choose to deny your status. In the case of armed robbery, a judge will likely not grant straight probation, simply because of the seriousness of the crime. However, a judge may order a split sentence, giving the defendant a few months in jail and the rest of the time on probation. What happens to a defendant is ultimately up to the judge. If your friend has an attorney, then his attorney should be negotiating some sort of plea. If your friend doesn't have a lawyer, he needs to hire one, or if he cannot afford to pay, he needs to request a court-appointed attorney.
    Answer Applies to: Alabama
    Replied: 8/14/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    It depends on the state. Usually jail time in Alabama.
    Answer Applies to: Alabama
    Replied: 6/28/2013
    Jennifer L. Gottschalk, Esq. | Jennifer Gottschalk
    He is a juvenile. Unless he is waived up to adult court, he faces prosecution in the juvenile court. The state might recommend time in the county detention center, or Jamesburg, which is the State youth facility. The juvenile judge will consider the boy's background and then determine what is best for both him and society. If the judge determines that he poses a threat, he may end up in the county detention facility or Jamesburg.
    Answer Applies to: New Jersey
    Replied: 8/14/2012
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