Whats the sentence for PC664/211

[8mirandas]

California.

Hello, my son was arrested 04/08/09.
He has been charged with:
PC 12022.53(B)<F1 Personal use of a firearm
PC 182(A)(1) conspiracy to commit a crime
PC664/211<F1 attempted robbery: second degree

We are in the pre-prelimanary process. He has court today at 1:30.

If this goes to trial I am wondering if convicted of all 3 charges what is the least and most amount time that can be imposed?

Dont know if this matters or not, but there were 3 people in the car when arrested, 1 of them a minor. My understanding is that no one had gotten out of the car.

Thank you.

[FlyingRon]

211PC with the conspiracy is good for 3-9 years, it will be enhanced (increased) by the 12022.53 violation by another TEN years.

You're son is in a world of trouble.

[CdwJava]

Originally Posted by 8mirandas

California.

Hello, my son was arrested 04/08/09.
He has been charged with:
PC 12022.53(B)<F1 Personal use of a firearm
PC 182(A)(1) conspiracy to commit a crime
PC664/211<F1 attempted robbery: second degree

We are in the pre-prelimanary process. He has court today at 1:30.

If this goes to trial I am wondering if convicted of all 3 charges what is the least and most amount time that can be imposed?

Dont know if this matters or not, but there were 3 people in the car when arrested, 1 of them a minor. My understanding is that no one had gotten out of the car.

Thank you.

You need to ask his attorney as there are too many variables ... prior criminal record, firearm used in the commission of the crime (as opposed to possession after the fact), nature of the victim of the robbery, gang related factors, etc.

I see several years as a possibility, but it's hard to say - especially at the preliminary phase. Just for an attempted armed robbery alone he could face high terms of 2 1/2 or 4 1/2 years depending on the degree of the robbery.

If your son does not make a deal, it is likely he will be in prison for a while (assuming the state has a decent case against him). He needs to consult legal counsel quick!

- Carl

[8mirandas]

They are not in gangs and my son has no priors. Do you think this would be a county jail, state or federal sentence?

Thanks for your input.

[CdwJava]

Originally Posted by 8mirandas

They are not in gangs and my son has no priors. Do you think this would be a county jail, state or federal sentence?

Thanks for your input.

The charges you mention are state charges. If he agrees to a plea, he could get county jail time (a year or less) and significant probation afterwards. However, robbery with a gun is a potential strike offense and typically dealt with harshly. Unless he makes a good deal (likely agreeing to roll on his companions, and assuming he is not the primary player) he can probably get away with a short stint in state prison.

Any time over one year will be state prison time. None of this is federal ... unless he also has federal charges pending but that would be handled in a different court.

- Carl

[FlyingRon]

Second degree robbery, 2-5 (not 3-6 as I said originally). Still the 12022.53(b) is bad news as well.

[CdwJava]

Originally Posted by FlyingRon

Second degree robbery, 2-5 (not 3-6 as I said originally). Still the 12022.53(b) is bad news as well.

Half the time for the attempt. A low end would be 2 1/2.

- Carl