Kara Sears
Robbery is a felony and is considered a violent crime in many states. The sentence for a common law robbery conviction depends on the defendant's prior criminal record and the circumstances of the crime. In North Carolina, common law robbery is a Class G felony, with a maximum sentence of 47 months, while armed robbery is a Class D felony with a sentence of up to 204 months. In California, robbery is also a felony, with first-degree robbery carrying a sentence of up to nine years and second-degree robbery up to five years. New York considers robbery a felony, with the first degree being the most serious and carrying the most severe penalties, including up to 25 years in prison.
| Characteristics | Values |
|---|---|
| Common law robbery classification | Class G felony |
| Robbery with a dangerous weapon classification | Class D felony |
| Armed habitual felon classification | Status offense |
| Robbery in the third degree classification | Class D non-violent felony |
| Robbery in the second degree classification | Class C violent felony |
| Robbery in the first degree classification | Class B violent felony |
| Common law robbery maximum sentence | 47 months |
| Common law robbery low-end sentence | 8-19 months |
| Common law robbery high-end sentence | 3 years |
| First-degree robbery sentence in California | 3, 6, or 9 years |
| Second-degree robbery sentence in California | Less than first-degree robbery |
| First-degree robbery sentence in New York | 5, 8, 10, or 25 years |
| Second-degree robbery sentence in New York | Less than first-degree robbery |
| Robbery with a firearm causing injury sentence | Additional 6 years |
| Robbery with a firearm causing injury sentence if the firearm is discharged | Prison for life |
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What You'll Learn
Common law robbery is a felony
Common law robbery is considered a felony in multiple states, including North Carolina, New York, and California. The punishment for common law robbery varies across states and depends on the defendant's criminal record.
In North Carolina, common law robbery is a Class G felony, which carries a maximum sentence of 47 months. The sentence can be as low as 8-19 months, depending on the defendant's criminal record. However, armed robbery is considered a more serious offense and is charged as a Class D felony, which can result in a lengthier prison sentence of up to 204 months.
In New York, robbery is broken down into three degrees, each with its own punishments. Robbery in the Third Degree is a Class D non-violent felony, while Robbery in the Second Degree is a Class C violent felony. Robbery in the First Degree is the most serious charge, classified as a Class B violent felony, and carries significant penalties, including prison time, even for first-time offenders.
In California, robbery is deemed a violent felony and is punished in the First and Second Degrees. A conviction for First-Degree Robbery can result in up to nine years in state prison and a fine of up to $10,000. Second-Degree Robbery carries a sentence of up to five years in prison and a possible fine of up to $10,000. California employs a "three strikes law," meaning that a second felony conviction will result in double the standard sentence, and a third conviction can lead to 25 years of incarceration to life in prison.
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Armed robbery is a more serious offence
Robbery is considered a felony in many states, including North Carolina, California, and New York. Common law robbery is a violent crime that involves the physical, illegal taking or attempted taking of another person's property through the use or threat of force. The victim must be present at the time of the robbery for the threat or use of force to be present.
In North Carolina, common law robbery is a Class G felony. The sentence depends on the person's record. Someone with a good record may receive probation, while someone with a prior record could receive a maximum of 47 months, with 9 months of post-release supervision.
In California, robbery is also a felony, broken down into first and second degrees. First-degree robbery can result in up to nine years in prison, while second-degree robbery can result in up to five years. California employs a "three strikes law," where a second felony conviction will result in double the standard sentence, and three convictions can lead to 25 years' incarceration to life in prison.
In New York, robbery is a felony broken down into three degrees, with the first degree being the most serious and violent, carrying the most severe penalties. A first-time offender convicted of first-degree robbery faces a minimum sentence of five years, which can increase to 8 or 10 years depending on prior felony convictions. The maximum sentence is 25 years in prison.
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Prison sentences depend on prior convictions
The prison sentence for common law robbery depends on the jurisdiction and the person's prior convictions.
In North Carolina, common law robbery is a Class G felony. A person with no prior convictions and a “good record” may receive probation. At the low end, someone would be looking at 8–19 months in prison. At the high end, someone would be looking at around 3 years in prison. Armed robbery is a more serious offence and is charged as a Class D felony.
In California, robbery is deemed a violent felony. If you already have a robbery conviction on your criminal record and you later sustain a charge for any felony in the State of California, you will be subject to twice the standard criminal sentence imposed for committing that felony. If you incur three of these “strike” convictions, one of which may be a robbery conviction, a court can impose a sentence of 25 years’ incarceration to life in prison.
In New York, robbery is considered a felony and is broken down into three degrees, each a different level of crime with its own punishments and consequences. Robbery in the First Degree is the most serious robbery charge, even if it is the first offence. For a first-time offender with no prior felony convictions, a conviction of Robbery in the First Degree will carry a minimum sentence of 5 years in state prison. Depending on the nature of a record of prior felony convictions, the minimum sentence can increase to either 8 or 10 years.
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Robbery is taking property through force or threat
Robbery is a felony and is considered a violent crime. It involves taking property from another person or their residence, business, bank, or other location through force or the threat of force. The threat of force must be imminent, and the use of force or threat of force must occur before or during the taking of the property. The property can be of any value, and the act of violence used to obtain the property can be minor. For example, the grabbing of an object from the hand of the victim is considered a "forceful" or "violent" act for robbery purposes even if there was no struggle.
In California, robbery is a felony punishable in the first and second degrees. If convicted of first-degree robbery, one can face up to nine years in state prison and a fine of up to $10,000, or both. Second-degree robbery carries a sentence of up to five years in state prison and a fine of up to $10,000, or a combination of both. The sentence can be enhanced if the robbery is aggravated, such as when great bodily injury is inflicted during the robbery or when a gun is used and great bodily injury results.
In North Carolina, common law robbery is a Class G felony. The sentence depends on the person's record, with those with a good record receiving probation and those with a prior record facing a maximum sentence of 47 months, including 9 months of post-release supervision.
Robbery is a serious offense that can result in significant jail time and fines. It is important to understand the specific laws and penalties associated with robbery in different states, as they may vary.
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Robbery in the First Degree carries the most severe penalties
Robbery is considered a violent crime and is a much more serious offence than theft. In North Carolina, robbery is a common law crime. Common law robbery is a class G felony and can result in a maximum sentence of 47 months, with 9 months of post-release supervision. The sentence depends on the person's record; someone with a good record could get probation, while someone with a prior record could be looking at a maximum of 3 years.
Robbery in the First Degree is the most severe form of robbery and is considered a very serious offence. In New York, it is punishable by a minimum of 5 years and a maximum of 25 years in state prison. To be charged with First Degree Robbery, the robbery must involve the use of a firearm or dangerous instrument, and the theft must involve forcible stealing of property. In California, First Degree Robbery is punishable by up to 9 years in state prison and a fine of up to $10,000. The sentence can be further enhanced if the robbery involves aggravating factors, such as causing great bodily harm, which can result in an additional 3-6 years in prison.
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Frequently asked questions
The sentence depends on the jurisdiction and the person's criminal record. In North Carolina, common law robbery is a Class G felony, which carries a sentence of up to 47 months. In California, robbery is deemed a violent felony, and a first-degree robbery conviction can result in a prison sentence of up to nine years. In New York, robbery is also a felony, with the first-degree charge carrying the most severe penalties, including a minimum sentence of five years for first-time offenders.
The sentence for common law robbery can be influenced by various factors, including the circumstances of the crime, the defendant's prior criminal record, and the degree of robbery. The use of a dangerous weapon or causing serious physical injury during the robbery can also result in enhanced sentences or additional charges.
Armed robbery is a more serious offense than common law robbery. Armed robbery involves the use of a dangerous weapon that threatens or endangers the victim's life, while common law robbery may involve the use of force or threats without a weapon. The penalties for armed robbery are typically more severe, and it is often charged as a higher-degree felony.
