My husband is being charged with Robbery, a second degree felony. What could he be sentenced?

Asked over 4 years ago - Columbus, OH

He was on felony probation for a fifth degree possession charge and violated his probation terms during the time period that the bank was robbed. The photo of the person who robbed the bank resembles him, but does not have his tattoos, which should have been visible. The person in the photo was also severely beaten, so if it was him the crime was definitely committed under extreme duress. No weapon was involved in the crime. I do not know if he was involved nor do I know what he intends to plea at his arraignment. He was already incarcerated for a fourth degree misdemeanor, waiting to be sentenced for his probation violation and was accused of being the person in the photo by an "anonymous informant".

Attorney answers (2)

  1. Mark Weaver

    Contributor Level 10

    Answered . The range of penalties in the previous answer is correct. However, you may also want to consider that a judge who is sentencing someone convicted on a Second Degree felony must start with the presumption that the person convicted should go to prison. It would be rare to receive the maximum sentence, but a judge certainly has the ability to do so. Most judges will listen closely to the recommendation of a probation officer who completes a pre-sentence investigation report. Good luck.

  2. Kevin Patrick Ondrey

    Contributor Level 8

    Answered . A second degree felony carries the potential penalty of 2, 3, 4, 5, 6, 7, or 8 years in prison; up to a $15,000 fine; and mandatory post release control.

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