With these brief facts, it's hard to predict what may happen. Did your boyfriend do anything to assist the robbery... acting as a lookout, for instance? If he did, he could be convicted just as if he had gone into the store.
Robbery can be punished by two, three or five years in state prison, plus any additional enhancements -- for instance, if the prosecution can prove it was committed for the benefit of a gang, the sentence could be substantially increased. Robbery is on the list of violent felonies, so he would have to serve 85% of any sentence, as opposed to half time for non-violent felonies. It could also be used to increase the sentence for any future felony under the Three Strikes law. Since there were two separate victims, he could be convicted of two counts of robbery. By statute, robbery is a violent felony
However, for a first offender with no criminal history, it is possible that he could get probation.
Avvo member Jaye Ryan-Maas is in Solano County. www.maaslawoffices.com
If your boyfriend cannot afford to hire his own attorney, the Solano Public Defender is one of the best PD offices in the state.
I believe this is in connection with another robbery question from Vallejo.
There are so many variables with this case that it's impossible to predict an outcome or sentence without knowing all the facts. The DA can charge the case several different ways and with different gun enhancements that can drastically change the sentence, depending on how it's charged.
Either way - your boyfriend is in deep. He needs good legal help to fight and/or minimize the damage if he's convicted.
My best advice: 1. Don't discuss this with him. Assume that any communication in any form is recorded. 2. Get him a good lawyer.
Many people post questions here asking about their chances in court. No one online can validly predict what the future holds. The subject penalties may be based on a myriad of reasons. Many factors such as age, prosecutor discretion, what judge you have, whether witnesses are credible all matter and that makes it near impossible to say what "does he get".
Check with a CA lawyer in your locale to discuss more of the details.
Good luck to you.
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