QUESTION
What is the maximum you can get for attempted armed robbery?
Asked on Aug 08th, 2012 on Criminal Law - Texas
27 ANSWERS
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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The maximum penalty for armed robbery is a term of years to life. The penalty for the lesser offense of attempted armed robbery will depend on the plea agreement you are able to negotiate with the prosecutor that is acceptable to the judge to whom the case is assigned for disposition. It is permissible for the judge to be involved in the agreement under the Cobbs decision.
Answered on Aug 13th, 2012 at 5:21 PM
Armed robbery with a dangerous weapon can result in life imprisonment. Even if the gun is bb gun or toy, of the person makes it seem like he has a gun it considered armed robbery with a dangerous weapons.
Answered on Aug 13th, 2012 at 5:21 PM
Doesn't matter if you had: real gun, broken BB gun or even toy gun . . . the victim(s) don't know if it's real or not. You get the SAME PENATLTIES for all.
Answered on Aug 13th, 2012 at 5:20 PM
Appellate Practice Attorney serving Columbia, SC
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Aiken and Hightower PA
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In South Carolina, the general rule is that an attempt to commit an offense has the same penalty as the completed offense. In other words, attempted armed robbery has the same penalty as armed robbery. Armed robbery carries 10 years to 30 years.
Answered on Aug 13th, 2012 at 5:20 PM
If a "facsimile" of a gun was used, it's not robbery. It's aggravated robbery which is a first degree felony. The statutes say the following: (1) A person commits aggravated robbery if in the course of committing robbery, he: (a) uses or threatens to use a *dangerous weapon as defined *in Section 76-1-601; Utah Code Ann. ? 76-6-302 (5) ?Dangerous weapon? means:(a) any item capable of causing death or serious bodily injury; or(b) a facsimile or representation of the item, if:(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or(ii) the actor represents to the victim verbally or in any other manner that he is in control of such an item. Utah Code Ann. ? 76-1-601 An attempt lowers the level of this offense by one degree, making it a second degree felony, which bears a sentence of a maximum 15 years in prison. However, there is an an enhancement for use of a "dangerous weapon." The statute states, (2) If the trier of fact finds beyond a reasonable doubt that a dangerous weapon was used in the commission or furtherance of a felony, the court:(a)(i) shall increase by one year the minimum term of the sentence applicable by law; and(ii) if the minimum term applicable by law is zero, shall set the minimum term as one year; and(b) may increase by five years the maximum sentence applicable by law in the case of a felony of the second or third degree. Utah Code Ann. ? 76-3-203.8 So an attempted aggravated robbery bears a maximum possible penalty of 20 years.
Answered on Aug 13th, 2012 at 5:19 PM
Leonard A. Kaanta
Life in prison. The BB gun is considered a weapon.
Answered on Aug 13th, 2012 at 5:18 PM
15 years at 50%, if no injury to victim.
Answered on Aug 13th, 2012 at 5:17 PM
Dennis P. Mikko
The fact that the gun was broken does not make a difference. The penalty for armed robbery is life or any term of years. An attempt usually has a maximum sentence of one-half of the crime.
Answered on Aug 13th, 2012 at 5:17 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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I would argue for a suspended sentence but you may receive some jail time.
Answered on Aug 13th, 2012 at 5:16 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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20 years in most cases.
Answered on Aug 13th, 2012 at 5:15 PM
Criminal Defense Attorney serving Cherry Hill, NJ
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Law Offices of Richard Sparaco
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Under New Jersey law, 10 years
Answered on Aug 13th, 2012 at 5:14 PM
Criminal Defense Attorney serving Salt Lake City, UT
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Pietryga Law Office
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*Aggravated Robbery* (Utah Code 76-6-302) *Degree-*Aggravated robbery is a 1st degree felony. *Elements-*A defendant commits a 1st degree felony aggravated robbery if in the course of committing a robbery, they: use or threaten to use a *dangerous weapon[1] *; cause serious bodily injury to another; or take or attempt to take an operable motor vehicle. *Fine-*1st degree felony: A fine not to exceed $10,000[2] , plus a 90% surcharge.[3] *Restitution-*The court may order a defendant convicted of this crime to pay restitution.[4] *Imprisonment-*1st degree felony: A term of imprisonment not less than 5 years and which may be for life.[5] *DNA Specimen Analysis-*A defendant convicted of a 1st degree felony aggravated robbery must provide a DNA specimen.[6] * * *Firearms-*A defendant convicted of a 1st degree felony aggravated robbery may not posses, use or have control of a firearm or ammunition for life.[7]
Answered on Aug 13th, 2012 at 5:13 PM
This is more complex than that. It would depend on which jurisdiction and whether you have any priors. My best advice is to hire counsel and not discuss the case with any police or prosecutor beforehand. Remember every prior statement even those discussed with other people can be used against you.
Answered on Aug 13th, 2012 at 5:13 PM
5 years imprisonment, assuming there is no habitual notice.
Answered on Aug 13th, 2012 at 5:13 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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1-15 years. Depends upon the facts of your case, who the victim was, what your criminal history is. My advice: get an attorney who can review the facts of your case and advise you accordingly.
Answered on Aug 13th, 2012 at 5:12 PM
Doesn't matter if real or non-working loaded or unloaded gun, or toy or your hand shaped like a gun in a coat pocket - if the victim reasonably believed it was a gun you can be charged with AR
Answered on Aug 13th, 2012 at 5:12 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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There is not enough information to answer your question. If you don't already have one, you should absolutely be seeking a lawyer to represent you. If you can't afford one, the court will appoint one for you. Once you have an attorney, he or she should be able to answer that question with your facts, criminal history (CORI) and other details specific to your charges. Good luck. DO NOT EVEN THINK ABOUT HANDLING THIS WITHOUT A LAWYER!
Answered on Aug 13th, 2012 at 5:11 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Between 2 - 9 years in prison, depending upon the charges filed and circumstances, plus any enhancements for priors or strikes, plus any probation or parole violations. The phony gun does not reduce sentencing. Anything brandished as a gun, even a finger in a pocket, counts as a gun. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answered on Aug 13th, 2012 at 5:10 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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30 years but its not attempt simply because no real gun was used.
Answered on Aug 13th, 2012 at 5:09 PM
Michael J. Breczinski
life
Answered on Aug 13th, 2012 at 5:08 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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Committing a robbery with a gun carries a mandatory minimum sentence of 5 years! This means that if convicted and the prosecutor elects to have the minimum imposed, the judge has no option to a lesser sentence. You should consult with and retain an attorney to represent you!
Answered on Aug 13th, 2012 at 5:08 PM
A conviction for an "attempt" usually carries the same penalties as a conviction for the completed crime. In Mississippi the maximum penalty for an "armed robbery" is life in prison, thus, a conviction for an "attempted armed robbery" would also have a maximum sentence of life.
Answered on Aug 13th, 2012 at 5:07 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you have no prior history then 3 years in prison under California law. If it was a real gun or they charge it as a real gun it could go up to 13 years.
Answered on Aug 13th, 2012 at 5:07 PM
That depends on a multitude of factors. The maximum for a 3rd degree felony is 5 years, the maximum for a 2nd degree felony is 15 years, and a Class A misdemeanor is 1 year. Unless there are aggravating factors in the case or you have a lengthy criminal history, it is unlikely you will get the maximum.
Answered on Aug 13th, 2012 at 5:07 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It depends upon how you are charged, the statute you are charged with violating, and what it says. This could be a life felony and could be an imprisonment for up to 30 years.
Answered on Aug 13th, 2012 at 5:06 PM
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Did they know it was a broken bb gun? You need a great attorney because you have a good case. Max is 99 years!
Answered on Aug 13th, 2012 at 5:06 PM
Family Law Attorney serving Layton, UT
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Michael S. Edwards Attorney at Law, PLLC
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If it is a second degree felony you are convicted of, the maximum punishment is an indeterminate term of 1-15 years in the Utah State Prison.
Answered on Aug 13th, 2012 at 5:06 PM