In California robbery is covered under Section 211-215 of the California Penal Code. Those robberies that involve a person who is performing their duties as an operator of a bus, taxicab, cable care, streetcar, trolley, or other vehicle, and any robbery of any passenger riding in any of these vehicles, and every
robbery perpetrated at a private residence or vessel designed for habitation is a robbery in the first degree. Any robbery involving a person using an automated teller machine (ATM) or immediately after the person used the ATM is also considered robbery in the first degree. All other type of robberies is considered robbery in the second degree.
For certain first degree robbery cases, particularly those involving dwellings, the defendant faces imprisonment in the state for three, six, or nine years. All other cases of first degree robbery involve imprisonment in a state prison for three, four, or six years. Robbery in the second degree is punishable by imprisonment for two, three, or five years.
If a robbery is committed while using a weapon, then the defendant faces sentence enhancements under California Penal code § 12022.53 (b) which states: Notwithstanding any other provision of the law, any individual who personally uses a firearm during the commission of a felony shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years. It is not necessary for the firearm to be operable or loaded for this sentence enhancement to apply.
Anyone who discharges a firearm while committing a felony shall be punished to an additional prison term in the state prison for 20 years. Any person who in the commission of a felony personally and intentionally discharges a firearm and causes bodily injury, or death to any other person other than an accomplice, shall be punished by an additional and consecutive term of imprisonment of 25 years to life.
If you have been charged with armed robbery, you could be facing sentence enhancements of 10 to 25 years on top of your original sentencing. When facing serious charges such as these, it’s critical that you enlist the
help of a Palmdale theft crime attorney from the Law Offices of David M. Wallin to protect your freedom and your legal rights!
Contact us today to begin reviewing your case with our theft crime attorneys.
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