My cousin got 3 counts of robbery and 1 count of false imprisonment..how much time are we looking at?

So my cousin and his 3 friends were involved in a robbery recently. He has 3 counts of armed robbery and 1 count of false imprisonment. His bail his highier than the other one involved so that means he had the gun right? he has no priors and its his first offense. how much time are we looking at in jail? keep in mind, he got lucky because he didnt get charged with posession of a deadly weapon. the crime happened in vallejo ca which is solano county.. - Is this your question? Add additional information
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Answers (4)

Robert Lee Marshall

Robert Lee Marshall

Contributor Level 7
I don't know if he's so lucky not to be charged with possession of a deadly weapon. If the DA alleged that he used the gun -- which could mean he just showed it during the robbery -- he could get an additional ten years under the 10-20-Life law.

I also don't know why his bail was higher. There could be many factors that would influence the bail decision.

If he was convicted of three counts of robbery, he would face a maximum sentence of seven years in prison. False imprisonment could add another eight months to that. However, there are many other factors that could increase the time -- for instance, being armed, using a weapon, or committing a crime for the benefit of a street gang.

Robbery is considered a violent felony, so he would have to serve 85% of any prison sentence imposed. The robbery convictions could also be alleged as "strikes" if he was charged with any felony in the future. That could mean a 25-life sentence under the Three Strikes law.
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John M. Kaman

John M. Kaman

Contributor Level 10
You don't give enough facts for us to say with precision. However a violation of PC §211 (robbery) in the first degree is punishable by up to 9 years in prison. Whether the 3 counts would run concurrently or consecutively is not clear from your question. PC § 236, 237 (false imprisonment) could be punished as a felony or misdemeanor, depending on the circumstances but under the worst scenario is another 3 years. If it was armed robbery it is hard to see how there would not be sentence enhancements for that. In short your cousin is facing big trouble and should find an attorney and keep his mouth shut.
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John M. Kaman

John M. Kaman

Contributor Level 10
I neglected to take into account the way multiple count crimes are sentenced in CA. There is one principle term and everything else is a subordinate term. Despite my colleague's comments I believe the maximum sentence for 211 is nine years which would be the principle term. The other charge, false imprisonment, would bring 1/3 of the statutory level found. Like Mr. Marshall, I believe the other circumstances you describe would drive the maximum upward, including possible enhancements for gun use and of course the strike.
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Robert Lee Marshall

Robert Lee Marshall

Contributor Level 7
John and I discussed this privately, and I think we're both right.

He based his answer on a conviction of first degree robbery, which is robbery of a bus or taxi driver, or committed on public transportation, in a home, or at an ATM machine. That carries a maximum of nine years.

Mine was based on second degree robbery, which is any other robbery. The maximum is five years for the first count, plus an additional year for each of the two additional robberies, for a total of seven years.

That just shows why asking "how much time for this offense?" is a difficult question to answer. California sentencing law is extremely complex, and a seemingly minor change in the charges can make a big difference. With all of the variables, even two experienced criminal defense attorneys can give different -- but correct -- answers based on limited facts.
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