QUESTION
How much time could he get if they find him guilty with attempted armed robbery because the owner thought he had a gun in his pocket?
Asked on Apr 20th, 2014 on Criminal Law - New Mexico
More details to this question:
It was a cellphone. Witnesses say they saw no weapon. When officers came to our home, they asked if he had a weapon and he told them we don’t allow them in our home but there was a bb gun under our bed so our kids could not get it and they wouldn't get hurt.
5 ANSWERS
Michael J. Breczinski
In Michigan, if a weapon is implied then that may be enough to convict for armed robbery.
Answered on Apr 22nd, 2014 at 2:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Much too much time to risk going to court without a good and accomplished attorney.
Answered on Apr 22nd, 2014 at 9:35 AM
Under state law, I believe armed robbery is still a second degree felony, 9 years as the basic sentence but if the government is alleging the use of a firearm, then there would be an enhancement of one year.? There could be additional jail exposure for additional counts or potentially other enhancements.
Answered on Apr 21st, 2014 at 7:15 PM
3 Awards
10-32 years for armed robbery Potentially probation for robbery without a weapon I have won trials on this issue.
Answered on Apr 21st, 2014 at 7:15 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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I would suggest you talk with his attorney, who will have a better understanding of the facts and what to expect in your local courts. You should be aware that a weapon is not required to sustain an attempted robbery charge.
Answered on Apr 21st, 2014 at 7:15 PM