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jamest
jamest, Private Investigator
Category: Criminal Law
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Experience:  Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
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my brother is up against conspiracy to commit a ...

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my brother is up against conspiracy to commit a felony and conspiracy to commit robbery , what do those charges carry for jail/prison time??
Submitted: 6 years ago.
Category: Criminal Law
Expert:  jamest replied 6 years ago.
Is this a state or federal case? if state, which state?
Customer: replied 6 years ago.
state riverside county california, actually the ones I found out which the d.a. is probably going to refile on is conspiracy to commit robbery two counts and conspiracy to commit burglary 2 counts well I guess 2 counts it is listed twice.
Expert:  jamest replied 6 years ago.
The two counts on each could be them attempting to prove the crime on more than one ground, or if multiple victims are involved. These sentences would usually run concurrently in they arose from the same criminal episode, but the judge has some leeway there.

well California law is:
When they conspire to commit any crime against the person of any official specified in paragraph
(6), they are guilty of a felony and are punishable by imprisonment in the state prison for five, seven, or nine years. When they conspire to commit any other felony, they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony. If the felony is one for which different punishments are prescribed for different degrees, the jury or court which finds the defendant guilty thereof shall determine the degree of the felony the defendant conspired to commit. If the degree is not so determined, the punishment for conspiracy to commit the felony shall be that prescribed for the lesser degree, except in the case of conspiracy to commit murder, in which case the punishment shall be that prescribed for murder in the first degree.

For burglary we have two kinds 1st and 2nd degree
460. (a) Every burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, or trailer coach, as defined by the Vehicle Code, or the inhabited portion of any other building, is burglary of the first degree. (b) All other kinds of burglary are of the second degree. (c) This section shall not be construed to supersede or affect Section 464 of the Penal Code.

the difference seems to be if the place had person inside or not.

461. Burglary is punishable as follows: 1. Burglary in the first degree: by imprisonment in the state prison for two, four, or six years. 2. Burglary in the second degree: by imprisonment in the county jail not exceeding one year or in the state prison.
please note these sentences can be enhanced if special circumstances are found to be true, such as possession a weapon, threatening to do violence, ect.

For robbery we have
211. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

212.5. (a) Every robbery of any person who is performing his or her duties as an operator of any bus, taxicab, cable car, streetcar, trackless trolley, or other vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, and used for the transportation of persons for hire, every robbery of any passenger which is perpetrated on any of these vehicles, and every robbery which is perpetrated in 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 is robbery of the first degree. (b) Every robbery of any person while using an automated teller machine or immediately after the person has used an automated teller machine and is in the vicinity of the automated teller machine is robbery of the first degree. (c) All kinds of robbery other than those listed in subdivisions (a) and (b) are of the second degree.

Use the facts of the case to determine which category this robbery would fall in to.

(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.

This is the jail time he is facing. If he has no prior record, he may be eligible for eligible for probation To give a more precise answer would need a lot more info and research, but you asked what kind of jail time he could get and that is what i have given. good luck with the case, hope you now know what could happen.


jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience: Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
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