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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27757
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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what is the average sentence for carjacking and robbery Person

Resolved Question:

what is the average sentence for carjacking and robbery? Person also has a past criminal record of weapons and drugs?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.

There's no hard and fast answer here, but state prison time -- and a decent amount of it at that -- is probably likely unless the facts are a lot less serious than the charges. Just some general observations: first degree Robbery carries a state prison sentence from 3 to 9 years. Second degree Robbery has a penalty of 2 to 5 years. Carjacking is a form of robbery that also carries a state prison sentence of 3 to 9 years. This is just the information from the statute and takes no priors into account. There are enhancement possibilities as well.

Robbery and Carjacking are ‘Strikes” in California and would fall under the Three Strikes Law. A convicted felon with a strike prior would be facing a doubled prison sentence. If a gun was used during the robbery 10 more years could be added to the sentence. If the gun is fired during the course of a robbery 20 more years can be added.

If you know somebody in this situation, he is likely in serious trouble. You should advise him not to discuss the facts of his case with anyone other than an attorney, which he should get as soon as possible.


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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
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