robbery

[kidntrouble]

californiaIs it mandatory state prison time for this charge?

 

[JETX]

Is it mandatory state prison time for this charge?

What charge??
Give SPECIFIC PC charge.

 

[garrula lingua]

NO.

PC 211 is a strike in California, though.

Someone may get probation & some county jail, but, on the next felony, it'll be an enhanced punishment, because of the strike prior (state prison, double: 16 mo., 2yr, 3yr range becomes x 2 = 32 mo, 4 yr, 6 yr. etc)

 

[JETX]

NO.

Sorry, but that absolute statement is NOT correct.... as there are lots of issues that will determine whether prison is ordered or not.

California Penal Code:
213. (a) Robbery is punishable as follows:
(1) Robbery of the first degree is punishable as follows:
(A) If the defendant, voluntarily acting in concert with two or more other persons, commits the robbery within an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code, which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code, which is inhabited, or the inhabited portion of any other building, by imprisonment in the state prison for three,
six, or nine years.
(B) In all cases other than that specified in subparagraph (A), by imprisonment in the state prison for three, four, or six years.
(2) Robbery of the second degree is punishable by imprisonment in the state prison for two, three, or five years.
(b) Notwithstanding Section 664, attempted robbery in violation of paragraph (2) of subdivision (a) is punishable by imprisonment in the state prison.

 

[garrula lingua]

My answer is correct.

When a crime carries a charge range of state prison, the offender may get county jail (commonly called probation - it's up to the DA (plea bargain) & sometimes the Judge (open plea, if one count)).

Just reading the Penal Code isn't enough - if you practice criminal law, you know ...
note the original question:

is it mandatory state prison for this offense ?

The correct answer is NO.
Probation is also an alternative, if the DA offers such a deal.

 

[CdwJava]

There MAY be some circumstance where mandatory jail or prison time is required. I just finished a case where the judge had no choice but to send him to prison - I was told that time was required.

However, I am not sure if it was because of the domestic relationship between the suspect and the victim, the suspect's prior and extensive criminal history (which included strikes not alleged in the complaint), or the fact it was a strong arm offense that occurred in the victim's home (first degree robbery). But, there appears to be some circumstance where jail or prison time is mandatory.

I will endeavor to see what that might be.

- Carl

 

[JETX]

My answer is correct.

When a crime carries a charge range of state prison, the offender may get county jail (commonly called probation - it's up to the DA (plea bargain) & sometimes the Judge (open plea, if one count)).

Just reading the Penal Code isn't enough - if you practice criminal law, you know ...
note the original question:

is it mandatory state prison for this offense ?

The correct answer is NO.
Probation is also an alternative, if the DA offers such a deal.

Oh, Christ... so now we are going to play semantics......
And if you want to play games... of course mandatory prison time doesn't come with the charge (as asked by the OP). Hell, for all we know, they could be found not guilty!!!

So, lets look at the REAL correct answer:
Q: "Is it mandatory state prison time for this charge?"
A: Yes. If you are found guilty of the charge it does carry prison time. And yes, that SENTENCE is mandatory. However, the court can order an alternative sentence... by probating that MANDATORY prison time or any portion thereof.

The fact is... MANDATORY prison

 

[garrula lingua]

OP:
It is not mandatory that the offender gets state prison.

If the DA filed an additional 'charge enhancement' separate from the 211 charge (mentioned by Carl) that requires "mandatory state prison" (the complaint, inself, usually states MSP for Mandatory State Prison next to the stated enhancement at the end of the complaint) then, it is required that the sentence be state prison, but,

absent that,

the offender can be sent to county jail for a term from one day to one year, or, alternatively, to state prison.

.

 

[JETX]

It is not mandatory that the offender gets state prison.

I agree... and never said that it was.... that is your (and others) confusion!!

I said, correctly, that if found guilty of robbery, a PRISON SENTENCE is mandatory (as shown in the Code that I provided).
It is entirely up to the court or jury and the prosecutor as to whether that sentence is spent IN prison or probation.