How much time can you get for armed robbery in California?

My brother was just arrested for armed robbery, felony evasion, and was connected to another armed robbery 3 weeks ago, both in California. He is also on parole from the state of New York.

Answers:
I’m not sure I completely agree with schlomo. I'd welcome any correction, but this is how I analyze it.

Second degree robbery (meaning it did not happen in a residence or upon public transportation) carries a sentence of 2, 3, or 5 years. (Penal Code secs. 211.5, 213.)

Being armed with a firearm adds one year (Pen. Code sec. 12022). However, use of a firearm (e.g., pointing it at somebody) adds 10 years, discharge of the firearm adds 20 years, and causing great bodily injury makes it a 25 to life sentence. (Penal Code sec. 12022.53.)

Felony evasion (Vehicle Code section 2800.2) carries a term of 16 months, 2 years, or 3 years. However, consecutive sentences in California are limited to 1/3 the midterm (i.e., 8 months), so that is the least of his problems.

His prior New York conviction could also cause him problems. If the offense was for one of many offenses California considers serious or violent felonies (and California includes out of state convictions), he could be charged as a “second striker,” and all the terms listed above are doubled. (Penal Code section 667.) At the least, that prior could add another year. (Penal Code section 667.5.)

A second armed robbery charge would, of course, greatly increase his exposure.

ADD: An attempted armed robbery could be a strike in California, which could double his sentence. However, to be a strike the conviction must occur BEFORE the conduct which results in the later conviction, so neither of the two California robberies could be alleged as a strike prior, so he would not have two (which would have made his exposure 25 to life).
How much time can you get? Hopefully life.
A violation of penal code section 211 carries a 2, 3 or 5 year sentence.
Add 5 years for the gun.
If the evasion is pursuant to the robbery, add 3. On its own, it's a separate offense of 1-2 years.
If he's a NY parolee, they will violate him for the balance of whatever his sentence is, then transport him to CA to do that time.
Sorry man, sad news, hope it turns around.
The guys who stuck me up got 6 years. but it is different for each case. but be confident in the knowledge that he is going to be going away for a term measured in years not days or months. I am sorry if I sound cold but after having a gun stuck to my head twice by persons too lazy to work like I was doing each time it happened have caused me to lose any sympathy I may have had.
While proof reading my response I read your whole question. oh my god, your brother is going away for a very long time


The Answers post by the user, for information only, FreeLawAnswer does not guarantee the right.
Answer question:


More Law Questions and Answers: