Sentencing and Punishment for Robbery – CA Penal Code 211
According to the California Penal Code section 211, the sentencing and punishment for robbery depends on whether the offense is charged as first degree or second degree robbery. During sentencing it is important to have an experienced criminal defense attorney fighting for your freedom.
First Degree Robbery
A first degree robbery conviction is punishable by 3, 4 or 6 years in state prison. If you and at least two other individuals act in concert to commit the robbery within an inhabited dwelling house or building, a first degree robbery conviction is punishable by 3, 6 or 9 years in state prison.
Second Degree Robbery
A second degree robbery conviction is punishable by 2, 3 or 5 years in state prison.
There are also other factors that can increase your sentence beyond this range. These include but are not limited to:
- Great bodily injury: If you cause another person to suffer great bodily injury during
the commission of a robbery, you can be sentenced to an additional and consecutive term of 3 to 6 years in state prison.
- Use of a firearm: If you use a firearm during the commission of a robbery, you can be sentenced to an additional and consecutive term of 10 years in state prison
- Discharge of a firearm: If you personally and intentionally discharge a firearm during the commission of a robbery, you can be sentenced to an additional and consecutive term of 20 years in state prison
- Discharge of a firearm resulting in great bodily injury or death: If you personally and intentionally discharge a firearm during the commission of a robbery, causing great bodily injury or death to another, you can be sentenced to an additional and consecutive term of 25 years to life in state prison
Felony Strike Offense
Under California Penal Code section 1192.7, robbery is considered a “violent” felony that can count as a strike on your criminal record. If you are convicted of a second felony strike offense, your punishment for robbery will be doubled in accordance with California’s three strikes law.
If you are convicted of a third felony strike offense, you will serve a mandatory minimum of 25 years to life in prison.
Court Options at the Time of Sentencing
If you are convicted of robbery, the court has discretion in determining your punishment depending on the circumstances of your case. The court has the following options at time of sentencing:
- The court can sentence you to one of two terms provided by law
- First degree robbery: 3, 4, or 6 years in state prison
- Second degree robbery: 2, 3, or 5 years in state prison
- Place you on probation for 3 to 5 years and order you to do community service, a work release program, and pay the victim restitution for the property taken
- Place you on formal probation and assign you a probation officer
- Note: Probation will not be granted for a first degree robbery conviction
When you are placed on probation the court will impose specific terms of probation that apply to the crime for which you were convicted. These terms of probation will include:
- Violate no law (other than a traffic infraction)
- Visit your probation officer as often as required by your probation terms
- Perform community service
- Pay restitution to the victim
These are only a few of the probation terms that a court can impose. If you are found to be in violation of any of these terms, the court can sentence you to the maximum time allowed by law.
Finding an Experienced Robbery Attorney at Wallin & Klarich
The sentencing and punishment for robbery in California can be severe and potentially life changing. If you or someone you know has been accused of robbery, you need to contact an experienced criminal defense lawyer who will carefully review the facts and the law to give you the best representation possible.
With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, Wallin & Klarich has over 40 years of experience in defending our clients against charges of robbery. We will carefully review the evidence against you and help you win your case.
Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.