Legal Question in Criminal Law in California

Hypothetical sentencing question for novel writer

What would be the sentence for bank robbery under the following circumstances: suspect apprehended holding $50,000 and 1) no gun 2) an unfired gun 3) a gun used to shoot at a law enforcment officer 4) a gun used to shoot a sheriff.

There were no witnesses to the crime and the suspect is a 19-year-old man with no priors. For story purposes, he must be paroled after six years. Which of the above scenarios (if any) can I use?

Thank you.


Asked on 11/29/97, 5:53 pm

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Hypothetical sentencing question for novel writer

Check with a federal prosecutor or federal public defender -- bank robberies are prosecuted in federal court and the sentencing will be controlled by federal law... which probably would not let him out after 6 years on a bank robbery under any circumstances.Might want to look at holding up a liquor store or some other non bank so sentencing would be under state law and you could have more latitude with sentancing, particularly if you do not identify the state. Some states might allow him out after 2 years and others only after 15, and because of the variety in sentencing, if there is no identification of the state, you can get away with it.

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Answered on 12/04/97, 12:18 pm


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