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What is the max jail time for a first time criminal offender of Robbery in the state of California?

Fremont, CA |

My 18 year old daughter was arrested for Robbery. Her friend, who is a minor, was charged with assault and Robbery? The person identified them as the alleged robbers.

Attorney Answers 3


PC § 211 defines robbery as theft by force or fear. 1st degree robbery carries a sentence of 3, 6 or 9 years in state prison. 2nd degree robbery means 2, 3 or 4 years in state prison. You haven't provided enough information for us to know what degree robbery is involved here.

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One small correction to Mr. Kaman's answer - second degree robbery carries 2, 3 or 5 years in state prison.

Robbery (either first or second degree) is a strike offense and carries a presumption under the Penal Code that if convicted the accused should go to state prison, rather than be granted probation.

The sentences Mr. Kaman and I have referred to can go up based on several factors as well: whether any weapon was used by either party (especially firearms), whether injury was inflicted on the victim, the age or other protected status of the victim, etc.

If she doesn't have one already, your daughter needs a very good criminal defense attorney.

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Given that this is eyewitness identification case, you will want a lawyer that is experienced and has successfully litigated eyewitness identification cases. They are more challenging for trial lawyers because jurors put a great deal of weight on eyewitness testimony. A good lawyer who is up-to-date on the science of human memory and best police identification practices will be able to point out all the reasons why the identification should be questioned. I would suggest you review the link provided below; it suggests several ways to determine if the lawyer you are considering is sufficiently up to speed. Please keep in mind that lawyers are (usually) good at selling themselves, so look for a lawyer that welcomes your detailed questions. A good lawyer will appreciate your efforts and will not be defensive.

Best of luck,

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