In a lot of cases involving crime, the jury decides the defendant’s guilt or innocence and a judge gives out a sentence appropriate for the guilty. When deciding what punishment to give to the guilty, the judge focuses on the language of the appropriate criminal law for direction as to what the term of the sentence should be. After this, the judges look for any complicated or mollifying elements to figure out the precise sentence to give to the guilty. The same goes for when the judge is supposed to hand down a sentence to a robber as well as the penalties for other crimes.
The sentences differ depending on the type of robbery the person has committed. It is of paramount importance for you to know what jail time a robber will serve especially if you have been robbed and are planning to press charges. Give this article a thorough read to find out all the answers to your questions.
Let us jump right in!
What is robbery?
What differentiates a robbery from plain stealing or theft is that the robber takes something from the victim in the victim’s presence. Moreover, the robber also uses force or violence and threatens harm to the victim.
First Degree Robbery
A first degree robbery usually takes place when the victim or any other person who is not involved in the crime faces a severe injury. Moreover, in a first degree robbery, the criminal is usually loaded with a lethal weapon and instills fear into the victim by threatening to use it against him/her.
Second Degree Robbery
A second degree robbery is when the robber commits the crime with the help of another person. Moreover, the criminal may also cause harm to the victim and use a gun, knife, or any other lethal weapon.
Third Degree Robbery
A degree robbery takes place when the robber uses means of force together with a deadly weapon to take the victim’s property. If the victim is also assaulted with the weapon, then the punishment will be increased.
Types of robbery
For deciding sentences for the criminals, the law differentiates between the types of robbery. Thus, robberies are classified into three categories: basic robbery, aggravated robbery, and armed robbery. If you face any such charges, then a lawyer who has specialized in criminal defense can help you figure out the type of robbery and then decide the most appropriate defense for the charges that you face.
If a basic robbery has taken place, this means that the criminal must have taken the property or any other personal asset of the victim against his or her choice. This consists of the use of threats or physical force, in addition to forcing the victim to give up the property.
Aggravated robbery is committed when one or more accomplices are present at the crime scene. Moreover, it also includes the use of force and deadly weapons.
As you might have already figured out after reading the name, an armed robbery happens when the criminal commits a robbery while possessing a deadly weapon or threatens the victim with deadly force. It is not necessary for the victim to see the weapon for a robbery to be considered armed. If the criminal had a weapon at the time of the crime, then it is considered an armed robbery in any case.
How much jail time is sentenced for robbery?
A punishment for robbery may consist of a jail time of up to even 15 years together with a fine of almost $20,000. However, the jail time depends on the type of robbery you have committed.
A basic robbery is considered to be a Class 4 criminal charge. For those who have commited the crime for the first time, the punishment can lie between 1 to 3.75 years in prison. However, for those who already have a criminal record, the jail time can range from almost 2.25 to 7.5 years.
An aggravated robbery is a Class 3 felony charge. The minimal punishment for those who have committed an aggravated robbery for the first time is two years in prison with the highest number of years being 8.75 years. For those with a history of criminal records, the minimum sentence is 3.5 years while the maximum is 16.25 years. If in any case, you need aid with these charges, then you should talk to a criminal defense lawyer who will help you.
Armed robberies are considered to have Class 2 criminal charges and hold the most harsh punishments. Jail time ranges from between 7 and 21 years for someone who has committed the crime for the first time and ranges between 14 and 28 years for those with a previous criminal record.
Furthermore, together with the jail time, the court may also charge you with extra fines, indemnity, or any other punishments that they may feel are necessary depending on the intensity of the crime. When handing down the sentence, the court will also think about the value of the things stolen during the robbery under laws related to theft.
Types of robbery charges
The types of robbery charges depend on the kind of robbery you have committed. The types of robbery charges include:
Statutory guidance for robbery sentences and punishments
Criminal laws will generally consist of a section that grants punishments for the said crime, often providing a range for the sentence. The sentence given in a criminal law can take various forms. These involve a range of years with a lowest and the highest sentence or a list of many different options from which judges may decide what is most appropriate for the criminal. In addition to this, the judges may also take into consideration a few other elements such as whether the criminal is minor or not, the presence of previous arrests or criminal record, and other details.
For instance, in California the prison sentences for second degree robberies are usually two, three, or five years. Moreover, judges can choose which of those punishments from the criminal statutes the defendant will get depending on the facts of the case.
New York, then again, sets up a lowest and highest term of detainment and permits judges to choose the proper punishment from inside that extend. For second degree burglary, the legal range comprises a minimum jail term of one year and a most extreme term of 15 years.
Robbery sentencing including restitution and other punishments
Furthermore, in addition to jail time, trial period, and other punishments, the criminal laws may also have other forms of sentences, such as fines, community service, and restitution. The criminals who are not able to pay any compensation to the victims may have to carry out community service instead.
Judges will look at all the elements of the case in full detail together with any aggravating or mitigating aspects. This helps the judges to figure out the precise and accurate sentence and/or other punishments to be given to the defendant. When handing down a sentence, the judge looks at all the following factors to give the appropriate punishment:
- The value of the property that is stolen;
- The intensity of violence or intimidation used against the victim;
- The nature of the victim to reach a suitable punishment.
An aggravating element expands the seriousness of the wrongdoing, while an alleviating factor lessens it. In purviews where the utilization of a weapon during a theft shapes a part of discipline as opposed to making a different wrongdoing, the nearness of a weapon comprises an aggravating component that will build the length of a litigant’s sentence. The respondent’s criminal record can likewise go about as an irritating element.
Mitigating factors for a burglary case can incorporate things such as whether the respondent restored the taken property or assumed liability for the commission of the wrongdoing. The absence of a criminal history can likewise give an alleviating element to the respondent.
Talk about your state’s robbery sentencing and other punishments with a lawyer
Theft is commonly treated as a genuine wrongdoing, and in this way can have extreme results. On the off chance that you have inquiries concerning the punishments for theft in your state, or you’ve been accused of wrongdoing, you might need to talk with a neighborhood criminal protection lawyer to get your inquiries replied and find support with your guard.
Since robbery brings about serious lawful outcomes, a conviction can greatly affect a culprit’s life. An erroneous decision in such a case could seriously harm the respondent’s future. Potential safeguards for a burglary can incorporate a plausible excuse of the litigant’s essence somewhere else, an absence of plan, and infringement of the respondent’s privileges during the examination.
Immediate activity is important to diminish the possible outcomes of theft. In the event that you or a friend or family member is confronting a burglary accusation, you should look for the assistance of one of our criminal protection lawyers right away.