Home robbery charges are considered serious felonies that can result in significant prison time. While the terms home invasion or home invasion robbery are used interchangeably, the main elements of a robbery is the taking of someone’s property by means of force or fear.
Laws for Committing Home Robberies
Home invasion robbery is not defined by the United States in federal law. Rather, each individual state has its own definition of robbery. For example, California’s Penal Code defines robbery as “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." New York’s law defines robbery as: “Robbery is forcible stealing. A person forcibly steals property and commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person”
In almost every state, the key elements of home invasion robbery are using force to enter a home, and using force or fear to steal one’s property.
Sentencing and Penalties for Home Robbery Charges
Again, every state has different sentencing and penalties for home robbery as there is no federal law on the topic. Most states have robbery charges divided into first and second degree robbery. For example, California’s first degree robbery charges occur when two people act together to plan and commit a robbery, while second degree robbery encompasses all other robbery situations. Armed robbery is an enhancement when the person uses a weapon during the course of the robbery.
In California, first degree robbery charges carry a typical sentence recommendation of 3-6-9 years in prison, depending on the circumstances involved. Second degree robbery carry a sentence plan of 2-4-6, also depending on the circumstances. New York’s first degree robbery charge carries a maximum of 25 years, while the second degree charge carries a maximum of 15 years.
Accomplice to a Robbery
Being an accomplice to a robbery can result in the same punishment as the one committing the robbery if the accomplice 1) gives actual assistance and 2) the principal must know of Accomplice's actions. Accomplice liability will result in lighter punishment if the circumstances warrant it (say, not in the house during the robbery, or actively tried to stop the robbery from happening).
Help from a Criminal Defense Lawyer
A criminal defense lawyer can assess your case and determine if you can plead down your crime to the lowest possible sentence based on the circumstances. As well, an organized defense put on by your criminal defense lawyer will ensure that you rights are fully exercised and that you receive the best presentation of the facts possible in light of the circumstances.
