{"id":352139,"date":"2023-09-08T13:26:12","date_gmt":"2023-09-08T18:26:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/robbery-penalties-and-sentencing.html"},"modified":"2023-09-08T13:26:12","modified_gmt":"2023-09-08T18:26:12","slug":"robbery-penalties-and-sentencing","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/robbery-penalties-and-sentencing.html","title":{"rendered":"Robbery Sentencing and Penalties"},"content":{"rendered":"\n
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Robbery Sentencing and Penalties<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Robbery is the unlawful taking of personal property from another with violence (or the threat of violence) and the intent to steal. Penalties and sentences for robbery convictions vary depending on the jurisdiction. Typically, state laws outline the range of penalties for these offenses.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

In most criminal cases, juries determine a defendant’s guilt or innocence based on the elements of the crime. But it is the judge’s responsibility to set the appropriate punishment within the range set by state law.<\/p>\n

When crafting sentences, judges rely on the language of robbery laws for guidance on the term of the sentence. They also look at possible reductions or enhancements due to mitigating or aggravating circumstances. These factors are crucial in determining the exact sentence.<\/a>\u00a0This applies to robbery offenses and other violent crimes.<\/p>\n

This article outlines criminal penalties and sentencing guidelines for robbery convictions. Consequences can be life-altering, and a robbery conviction on your criminal record will impact your ability to find housing and work. If you are facing a robbery charge, it’s critical that you consult a criminal defense attorney<\/a> in your area for legal help.<\/p>\n

Criminal Sentence for Armed Robbery<\/h2>\n

Criminal statutes<\/a>\u00a0often have code sections that detail the punishment for various offenses. Armed robbery charges\u2014particularly those with use of force or dangerous weapons\u2014often carry heightened penalties. Factors such as the defendant’s criminal history and the use of a deadly weapon significantly influence the case outcome.<\/p>\n

Different state laws likewise dictate the penalties for other robbery and theft crimes. In some jurisdictions, taking personal property can result in misdemeanor charges<\/a>.<\/p>\n

But a robbery resulting in bodily injury and involving a deadly weapon is often classified as a violent felony. Some state laws prescribe a particular sentencing and penalty for the crime of robbery. For instance, the California penal code<\/a>\u00a0classifies robbery into first-degree and second-degree.<\/p>\n

Under California law, a first-degree robbery occurs if the robbery is committed against a victim in an inhabited house or building. There are enhanced penalties if the defendant was accompanied by two or more individuals during the home-invasion robbery. If the offense meets both conditions, a prison term of three, six, or nine years could result.<\/p>\n

In contrast, other robbery convictions are classified as second-degree robbery, which is punishable by two, three, or five years. Judges may also prescribe the penalty and prison time based on other facts and circumstances surrounding the case.<\/p>\n

Robbery is also punishable under California’s Three Strikes Law<\/a>. This law applies when a person was previously convicted of two violent felony offenses. If that person subsequently faces charges for another serious or violent felony, like robbery, they could face 25 years to life in state prison. This rule is under the Three Strikes provision.<\/p>\n

Although state laws prescribe penalties, courts still have the ultimate discretion on robbery sentencing. Courts consider other factors surrounding the case. In addition, the prosecution must prove each element of the charge and that the offender is guilty beyond a reasonable doubt<\/a>.<\/p>\n

Restitution and Other Penalties<\/h2>\n

In addition to prison, probation, and other penalties, statutes may establish other forms of punishment. These include:<\/p>\n