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I was charged with a felony in 09. I was charged with 'Accessory after the fact'. Recently i was caught for robbing a pharmacy.

San Jose, CA |

Im being charged with 2nd degree robbery. No weapon, no threat of a weapon, just a note. I'm still on probation for the 09 felony. What is my likely sentence going to be?

Attorney Answers 4


You face a probation violation and the sentence for the new charge. If you are convicted, your sentence will depend on numerous factors that are particular to your individual case, so only your lawyer could give you an answer to your question. Discuss your case thoroughly with your attorney. Best of luck to you.

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If I plead guilty, do u think I have any chance at avoiding prison? Maybe drug rehab or some other alternative? Thanks


Penal Code 211 PC California's robbery law is always a felony. But the length of your sentence depends on whether prosecutors convict you of robbery in the first degree or robbery in the second degree.

Second degree robbery

Second degree robbery is robbery that takes place under any circumstance that doesn't rise to the level of first degree robbery. If convicted of second degree robbery, you face two, three, or five years in the state prison.

Multiple victims

If you rob more than one victim, you can be convicted and punished for multiple counts of robbery. This is the case even if there is only one "taking" (if, for example, you apply force or fear to two people who jointly share possession of the property that you take).

However, if there is only one victim, you can only be convicted of and punished for one count of robbery, regardless of how many items you take.

Sentencing enhancements

In addition to the above penalties, there are a variety of sentencing enhancements that may be applicable to your Penal Code 211 PC robbery conviction such as:

Penal Code 12022.7 PC California's great bodily injury enhancement
Penal Code 186.22 PC California's criminal street gang enhancement
Penal Code 12022.53 PC California's "10-20-life ‘use a gun and you're done'" law

California's robbery law is what's known as a "violent felony". This means that in addition to the above penalties, a Penal Code 211 PC conviction will result in a "strike" on your criminal record pursuant to California's Three Strike's Law.

If you are subsequently charged with any felony and have a prior "strike" on your record, you will be referred to as a "second striker," and your sentence will be twice the term otherwise required by law.

If charged with a third felony, and you have two prior strikes, you will be referred to as a "third striker" and will serve a mandatory minimum sentence of 25 years-to-life in California state prison.

You should consult an experienced criminal defense attorney as soon as possible.

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There is no such thing as a likely sentence for a robbery. Assuming you even plead guilty to the robbery, there are many factors that go into a settlement agreement in criminal law. Your background, the motive for the crime, the amount of threatened violence if any, whether the victims where vulnerable. The list goes on.

Most surely you need an attorney to both negotiate for you and to argue on your behalf.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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Sherry gives a danm fine answer, to which I would only add that the probation violation for not obeying all laws could result in the imposition of up to the maximum sentence on the 09 felony minus any time you already served in custody in that case.

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