View Full Version : sentencing for an armed robbery in California?

11-19-2018, 08:07 PM
I've been googling this, but I can't find any definitive answers; the circumstances of my character are a little unique, and I believe that her actions constitute a third degree robbery, which is making it harder to find information. In bullet point form, here's her situation:

- It is 1989
- She commits the robbery with a gun, which she carried, concealed, for about a week prior to the crime
- The robbery is an impulsive act, not premeditated
- No one is injured
- She is an extremely wealthy white woman who can afford an excellent lawyer
- She has been seeing a therapist for two years (without a diagnosis) and was recently recommended to an inpatient treatment center

Would she get out of this? Or go to jail? Either option is fun--I'm curious about the credibility of both.

D. E. Wyatt
11-19-2018, 09:45 PM
I don't know what the normal sentence would be, but from the circumstances you're describing (wealthy white woman in the late-80s/early-90s with a top-flight attorney) I'd say she's got a good chance of getting off with probation.

11-20-2018, 12:48 AM
Depends on whether it's her first conviction or not as well. If she was committed to a mental treatment center, the purchase of the firearm is a federal violation. If she did not have a permit, carrying the gun is another violation. Robbery versus armed robbery are different violations. Mandatory sentences weren't as prevalent until Clinton's three strikes legislation, so that could be a factor. Decide what you need for your story, then write the circumstances to fit.


11-20-2018, 01:13 AM
California "Robbery" Laws (https://www.shouselaw.com/robbery.html)

Penal Code 12022.53 “10-20-life use a gun and you're done”

California's “10-20-life use a gun and you're done” law provides for significantly longer sentences for defendants who use a gun in the commission of a robbery.32

Specifically, you will receive an extra

Ten (10) years for personally using a firearm in a robbery;
Twenty (20) years for personally and intentionally firing a gun during a robbery; and
Twenty-five (25) years to life if you cause a person great bodily injury or death with a firearm during a robbery.