What is the minimum charge for second degree armed robbery in California?

Asked over 1 year ago - Ontario, CA

This charge was this 20 year olds first offense. He robbed three people at gunpoint (no bullets inside the gun) and only stole their cellphones. What is the minimum and maximum charge he could receive?

Additional information

This was not a gang related crime and there were no injuries involved.

Attorney answers (7)

  1. Anthony Michael Solis

    Pro

    Contributor Level 20

    17

    Lawyers agree

    Answered . He is probably looking at 12 yrs. 2 for robbery + 10 for the gun. That's the low end. He needs counsel ASAP. Find one soon.

  2. Dan Eugene Chambers

    Contributor Level 20

    16

    Lawyers agree

    Answered . I agree. 12 years at least. This is not a "second degree" robbery. This is a robbery with an enhancement for use of a firearm. The fact that the gun may have been unloaded is irrelevant. This is a very serious crime. Hire an attorney soon. Most of us provide free consultation.

  3. Jesse Paul Duran

    Contributor Level 9

    14

    Lawyers agree

    Answered . I'm in agreement with both answers above. This matter can have very serious consequences with a long prison commitment attached to it. As mentioned previously, the lack of bullets is irrelevant. He needs an attorney. Quickly. Best of luck to you.

  4. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Get an attorney. 12 years is what he is facing. San Bernardino Courts can be dealt with.

    Andrew Roberts
    (818) 597-0633

    Andrew Roberts (818) 597-0633/ (805) 496-7777
  5. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . This guy doesn't have many facts going for him -- he's only 20 and committing armed robbery; with a gun; taking cellphones from multiple victims. Is this three separate robberies? My guess is that he will be going to prison. It's not one strike, but three with three separate victims, which means he needs a damn good lawyer. Good luck.

    www.YourCriminalDefenseLawyer.com
    for Fairness / for Your Freedom
    (800) 409-7010

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  6. Jared Michael Hartman

    Contributor Level 5

    12

    Lawyers agree

    Answered . This is a very serious case and he needs an attorney experienced in defending against violent crimes. There is a presumption that, because of the use of the gun (even if unloaded), he should go to prison. He would be less likely to get prison if there was only 1 victim, no injuries, the property taken was not of significant value, and he has some redeeming qualities such as gainfully employed and is enrolled in college. However, from what you have presented, he is likely going to get prison if convicted. Low Term for a 2nd degree robbery is 2 years + 10 years if the use of a gun enhancement is alleged and proven. However, he can get more if the court thinks mid term or upper term for the robbery are appropriate, and he could also get more if the court thinks there should be a sentenced imposed for each of the three victims. I am very experienced in defending against violent crimes in Riverside County and would love to discuss this with you further. Please check out my website at www.jmhattorney.com

    Answers posted herein should not be construed as legal advice. Legal advice will only be given after a... more
  7. James Regan

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . He is presumed innocent!

    There is no confidentiality online. Do not talk to the police without an attorney Volunteering to answer this question does not create an attorney-client relationship. The accused is presumed innocent until proven guilty beyond a reasonable doubt. The likelihood of a positive outcome- exoneration or a mitigated sentence- is increased with the help of an experienced criminal litigator. Seek out an experienced criminal litigator for a free consultation. If you cannot find one on Avvo, search at the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: http://tinyurl.com/8ru8wtv

    Go to Trial: Crash the Justice System
    http://www.nytimes.com/2012/03/11/opinion/sunda...

    Good Luck,

    JR

    James Regan, LL.M*, Esq.
    *Master of Intercultural Human Rights Law
    jreganllm@gmail.com

    https://twitter.com/JReganLLM
    https://www.facebook.com/defendme.net (Visit us on Facebook)

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

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