My daughters car was used by her cousin to commit robery on 2 girls in a parking lot while daughter was shopping. Victums id'd my niece but couldnt ID my daughter.
However the vehicle was my daughters, she was on parole, & had 2 strikes prior.
My daughter was given 5 yrs enhancement for each strike so 10 years in enhancements, and than 8 years for the crime.
Is this considered a violent crime with a plea bargin of 2nd degree robery?
She had 2 attorneys & they felt like she was given to long with the situation.
We can only pray that prop57 helps her out.
Sorry but Proposition 57 does not apply to violent crimes. A robbery is always a violent crime under California law and does not have to be committed with a weapon in order to be charged as a robbery. A robbery is defined as taking of property by force OR fear with the intent to permanently deprive the person of their property. So threats to harm someone which then causes the person to give up their property, even if a weapon is not produced, is still a robbery. And considering your daughter had two strikes it is unfortunate she did not change her ways. But in actuality she got off relatively easy since with two strikes she was facing 25 years to life. And if your daughter was just merely shopping and not involved in commission of the crime, not sure how she was guilty unless the she was actually in the parking lot with her cousin and drove her away from the scene. Does not sound like you got the whole story
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Robbery without a weapon is a violent crime, so unfortunately, Prop 57 will not help her.
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