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How would someone be sentenced if they robbed a gas station

Customer Question
How long would someone be...
How long would someone be sentenced if they robbed a gas station using a gun? In the past they had several charges one of assault and one of theft and one of trespassing. Along with the sentence what would they do for probabtion after wards
Submitted: 2 years ago.Category: Criminal Law
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Answered in 2 minutes by:
8/5/2015
Criminal Lawyer: Thelawman2, Lawyer replied 2 years ago
Thelawman2
Thelawman2, Lawyer
Category: Criminal Law
Satisfied Customers: 1,734
Experience: Attorney-at-Law
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In most states, the use of a gun to rob a gas station would be considered aggravated robbery. Do you have a specific state in mind since each state will have different sentencing guidelines?

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Customer reply replied 2 years ago
I want to know what would happen in Canada
Criminal Lawyer: Thelawman2, Lawyer replied 2 years ago

In Canada, the minimum sentence would be 5 years for the first offense and the maximum penalty could be life imprisonment. When determining on the range of possibilities of the actual sentence, the courts will consider the following factors:

  • age
  • criminal record
  • use of a weapon
  • use of a mask
  • awareness of elderly or otherwise vulnerable victims
  • injuries to victim
  • planning and sophistication
  • opportunity to reconsider plan
  • measure of violence
  • use restraints on victims
  • substance abuse history
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Criminal Lawyer: Thelawman2, Lawyer replied 2 years ago

The case law, however, has deviated slightly from this statutory minimum. Usually the starting point in cases is around 3 years, and the sentence adjusts upward or downwards based on the above factors. If you want a list of sentences of recent cases in Canada for armed robbery, you can find a list of cases at the following link: https://en.wikibooks.org/wiki/Canadian_Criminal_Sentencing/Cases/Robbery#Store_Robberies

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Criminal Lawyer: Thelawman2, Lawyer replied 2 years ago

In terms of the length of probation, it will really depend on what the sentencing judge decides; however, the maximum length of the probation will be 3 years. I hope this has been helpful...if so, please provide positive feedback!

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