Being unsure about what will happen to you as an accused person can leave you at the mercies of the judicial system. But knowing what your possibilities are, empowers you to explore the options available to you and achieve better outcomes.
As serious as an armed robbery crime might be, getting the least possible sentencing is a win if you could not avoid a conviction. Both the victim and the convict have rights, and a Long Island criminal justice attorney can help you defend yours.
What Makes Armed Robbery the Most Penalized?
The penalties for theft and burglary are less punitive than what convicts receive for armed robbery. Here is why:
- The fact that it falls under the category of felonies – and not misdemeanors – shows the seriousness of the charges by law. What’s more, armed robbery is neither a second-degree nor a third-degree offense. It is a first-degree violent crime.
- The fact that force was used and the victim endured a serious physical injury that will probably impact their ability to enjoy life and earn an income.
- The fact that you threatened to immediately use a deadly weapon on the victim paralyzed them with fear of losing their lives and could have caused emotional and psychological trauma that they may have to deal with for a long time.
How Much Prison Time Can I Receive for Armed Robbery?
Convicts of armed robbery receive a prison sentence of 5 years on the lower side and 25 years on the higher side. The exact number of years you spend in jail depend on:
- Mitigating aspects
- Aggravating factors
- Prior criminal history
Even if you have no prior convictions in your record, the court is still obligated to give you a sentence of at least five years. But if you have a criminal history, your categorization determines the minimum sentence that you can receive. Here are the categories for people with criminal history:
- Persistent Felony Offender. If you have two or more prior convictions.
- Violent Predicate. If you have been found guilty of a violent felony in the last ten years.
- Non-Violent Predicate. If you have been convicted of a non-violent felony within the last ten years.
- Prior Convictions. If you have been found guilty of a felony within the past ten years.
A non-violent predicate offender gets at least eight years’ imprisonment, and the violent predicate offender stays in jail for at least ten years. Persistent felony offenders receive a longer sentence of between 20 and 25 years. Remember that you may also get additional charges like assault or criminal possession of property, which can impact your jail term. But a Long Island armed robbery defense attorney can help negotiate for the least possible sentence.
Can I be Required to Pay any Money after Conviction?
Apart from the prison sentence, the court can order you to pay fines, fees, and restitution. Convicts can part with up to $5,000 in fines and up to $15,000 in restitution, or more depending on the specifics of the incident.
Restitution money is meant to cover medical costs incurred by the victim to treat injuries sustained in the robbery incident. It can also cover any other out-of-pocket expenses resulting from the armed robbery, including paying for stolen or damaged property.
You will also have to pay the company tasked with the responsibility of collecting restitution from you. Other expenses include $25 in Victim assistance fee, $300 as a “mandatory surcharge,” and $30 per month in post-release supervision fees.
You might be wondering what can happen if a convict does not pay the fees, fines, or restitution in Long Island. Well, failure to pay is actually a misdemeanor that can earn offenders a year in prison or wage garnishment. But if you are unable to pay, your armed robbery defense attorney in Long Island can negotiate for:
- A revocation of the part of the sentencing requiring you to pay a fine, fee, or restitution
- The judge to lower the amount you are required to pay
- Adjustment of the payment terms
What are the Requirements for Post-Release Supervision?
Many armed robbery convicts get post-release supervision as part of their sentence. It can last for up to 5 years and is usually supervised by the Division of Parole. During the supervision period, you will be required to adhere to a set of rules. For instance, you must:
- Have a job
- Complete any ordered medical treatment or substance abuse treatment
- Refrain from excessive alcohol consumption
- Not purchase, possess, or own a gun
- Not leave the state without permission
- Report regularly to your Parole Officer
- Submit to home visits by the Parole Officer
- Consent to warrantless searches without probable cause
- Not possess drug paraphernalia
- Not patronize disreputable or unlawful places
- Not associate with people that you know have criminal records
- Not break the law
Should you violate any of these requirements, you will be scheduled for a revocation hearing. Your Long Island armed robbery defense attorney can represent you and help you fight for the best outcome. Based on the evidence presented, the judge might:
- Allow you to continue with the post-release supervision with the original terms.
- Order you to go back to jail and thereafter return to post-release supervision.
- Order you to go back to prison, complete the original sentence and serve an additional term for violating the post-release terms.
What is the Impact of Such a Criminal Record?
Even if you get the minimum sentence for armed robbery, the information remains in your records for years. And it might impact various aspects of your life. For instance, you may:
- Face deportation if you are not a U.S. citizen
- Not receive government benefits, such as federally-funded housing or welfare
- Not serve on juries
- Not serve in the military
- Not own a gun
- Be excluded from practicing in certain professions like teaching or law
- Struggle to find a job
A Criminal Defense Lawyer Providing Experienced Representation
The best outcome in a criminal charges situation would be to have an experienced criminal defense attorney fight aggressively to have them dismissed or have you acquitted. But if that is not possible, you still need a lawyer to walk you through life after conviction.
A better understanding gives convicts hope of reclaiming their lives after finishing their sentences and earning back their freedom. If you need a skilled defense attorney in Nassau County and Suffolk County, get in touch today.
Contact us at (516) 299-6187 to find out how we can help.
