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    natmas09's Avatar
    natmas09 Posts: 1, Reputation: 1
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    #1

    Jun 3, 2012, 12:17 PM
    Armed robbery special case
    My partner is up for armed robbery with likelehood of being dropped to robbery because he went onto mcdonalds slammed his hand on the counter asked the man to put money in bag at the time he was abusing butane gas and has been transferred to a clinic because of his mental health state and to assess him as they think its out of character and he was not taking his anti psycotics at the time and was on various substances and diclares he was hearing voices they say its armed robbery as he had a canister of gas up his sleeve which he was inhaling at the time of this happening and hid it up his sleeve due to being on a crasbo and was not allowed to carry on person or be arrested but he has been done for immitation fire arm the person behind the till is the only witness and someone else saying they new him but did not here what was said and when he was arrested my mother had to be there as a guardian even though he's 32 due to his mental health state it was said he said I will blow your head off but he denies this and you can't see the canister up his sleeve on camera but the police could even agree when they caught him inhaling gas he had it up his sleeve every time and could also say his mental health has deterioted since a violent attack on me and him and he turned to solvents which brought mental health into it he has previous of shoplifting and burglary but has never done nothing like this has not been to prison for 6 years for burglary but in the past year he has done several sentances linking to the butane abuse coulds you advise me on how long he could get prison sentence and sectioning as I am very unfirmiliar with armed robbery and robbery sentancing or what they do regarding sectioning many thanks nat
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Jun 3, 2012, 12:27 PM
    You don't NEED a weapon to be charged with robbery.. or even armed robbery... just the threat of one is enough.

    Drug or substance abuse isn't an excuse, it's a choice.

    He's a repeat offender and likely to do hard time... a lot of it. They have him on video...

    He is going to need a lawyer.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 3, 2012, 12:43 PM
    His attorney may plea bargain it from armed to just robbery, In my state for example, the difference armed robbery can get up to 20 years, robbery will only get about 10 years in prison.

    His mental status may be his only defense but that is hard to prove by many states only proving he knew right from wrong, being mental unstable is not always enough defense.

    His prior attacks and crimes will not go good at sentencing.

    Plus seldom do mental health inmates get parole or early release unless they do well on medication.

    I would say 7 to 10 years to serve most likely, at a facility that houses mental health inmates.

    But that is a guess

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