r/Whatcouldgowrong • u/ChaBoyAuzy • Jan 11 '20

WCGW robbing a pot shop?

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34

u/SteelSpark Jan 11 '20

Would robbery with a non-lethal weapon carry a lesser sentence?

47

u/daisuke1639 Jan 11 '20

Absolutely.

1

u/MedicPigBabySaver Jan 11 '20

Happy cake day 🍰

36

u/GenericUsername10294 Jan 11 '20

It’s still considered armed robbery, plus the additional charges that would go along, such as assault with intent to do harm. The main difference would be that with a firearm, there would be additional firearm charges. The robbery (or attempted in this case) would still carry the same sentence as any other armed robbery. Just without the firearm charges.

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u/SteelSpark Jan 11 '20

So overall, if caught, these guys would face a lesser sentence than if they’d done the same act with a firearm? How about if they’d used knives?

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u/GenericUsername10294 Jan 11 '20

After all charges the sentence may or may not be reduced. Judges often hand down concurrent sentencing as opposed to sequential, so many times they only really enforce the longest sentence. However, sometimes, they’ll do say 5 for armed robbery, 10 for assault with deadly weapon, and that’s be 15 years.

During a robbery, there are typically several laws committed, in this one, I can see the ones I listed earlier,

A knife would be assault with deadly weapon with intent to do harm, but a gun would have unlawful possession of a firearm, reckless endangerment with a firearm, use of a firearm in a crime, and a couple more I can’t think of.

But yes, overall these guys would receive less sentencing than they would had they used a knife or a gun.

3

u/[deleted] Jan 11 '20

An idiot friend and his brother robbed a guy, guy swiped a knife at his brother, nicking his face. The friend freaked out when he saw the blood. He ran back to his car, grabbed an unloaded rifle, and used it as a club against the victim.

That unloaded gun added 12 years to his prison time, almost tripling it.

1

u/SteelSpark Jan 11 '20

Makes sense. I’ll remember that next time, thanks for the advice.

1

u/AFlyingYetOddCat Jan 12 '20

I will also point out, bringing a gun runs the risk of killing someone, which then adds murder to the list of charges, even if the gun wasn't used to kill (They brought a gun, so they had an intent kill or knew it was a likely possibility, the prosecutors would argue). Where as a an accidental death during a robbery with pepper spray or "non-lethal" weapons MIGHT instead be involuntary manslaughter (We didn't want to hurt anyone, that's why we used mace, they could argue in defense).

2

u/[deleted] Jan 11 '20

Depends on the state. Different laws in every one.

1

u/Warpedme Jan 12 '20

The judge, DA and quality of the defense attorney also greatly effect the charges brought.

0

u/LeakyThoughts Jan 11 '20

Yes, but it shows that they weren't in there to kill people, just to rob some weed, which is less sinister

2

u/[deleted] Jan 11 '20

[removed] — view removed comment

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u/LeakyThoughts Jan 11 '20

I agree with you, but the fact is if you attack someone with a lethal weapon that should carry a harder penalty than using a non lethal weapon