Robbery

Robbery Criminal Lawyer Los Angeles

How is a robbery charge prosecuted in California?

Under California law, robbery is 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.  A robbery charge in California is prosecuted under Penal Code 211 PC. To secure a conviction, the prosecution must prove the following elements of the crime beyond a reasonable doubt:

1. The defendant took property from another person,
2. The taking was against the person’s will,
3. The defendant used force or fear to take the property or to prevent the person from resisting,
4. The defendant had the specific intent to permanently deprive the owner of the property, and
5. The taking occurred in the owner’s presence.

If the prosecution is able to prove these elements, the defendant may be convicted of robbery, which is considered a serious crime in California and is punishable by imprisonment, fines, and other penalties.

In a robbery case, the prosecution will present evidence such as witness testimony, physical evidence, and other forms of evidence to support their case. The defendant and their attorney will then have an opportunity to present a defense and challenge the prosecution’s evidence.

It is important to note that every case is unique and the specific approach the prosecution takes in a given case will depend on the facts and circumstances. An experienced criminal defense attorney can provide guidance on the best defense strategy for a particular case.

• Robbery is a strike under California Three-Strikes Law. A person who has two or more prior convictions for serious or violent felonies can receive a sentence of 25 years to life in prison for a third felony conviction.

First Degree Robbery

First degree robbery in California is a more serious form of robbery defined under Penal Code 211 PC. It is distinguished from second degree robbery based on the circumstances surrounding the crime.

In California, first degree robbery occurs in the following situations:

1. Robbery in an inhabited dwelling: If the robbery takes place in an inhabited dwelling, such as a house or apartment, it is considered first degree robbery.
2. Robbery of a financial institution: If the robbery takes place in a financial institution, such as a bank, it is considered first degree robbery.
3. Robbery during a carjacking: If the robbery takes place during a carjacking, it is considered first degree robbery.

First degree robbery is considered a more serious crime than second degree robbery, and is punishable by imprisonment in the state prison for 3, 4, or 6 years.

It is important to note that the prosecution must still prove all of the elements of robbery (taking property from another person by force or fear, with the intent to permanently deprive the owner of the property) beyond a reasonable doubt in order to secure a conviction for first degree robbery.

Robbery of a person in his home or a building, robbery of a driver or a passenger, and robbery of someone using the ATM is considered first degree robbery and a felony strike in California and carries a sentence of 3, 4, or 6 years in state prison.

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What are the penalties for first degree robbery in California?

The penalties for first degree robbery in California are severe and can include:

1. Imprisonment: First degree robbery is a felony offense in California, and the defendant can be sentenced to 3, 4, or 6 years in state prison.
2. Fines: The defendant may also be fined an amount up to $10,000.
3. Restitution: The defendant may be ordered to pay restitution to the victim to compensate for any financial losses suffered as a result of the robbery.
4. Probation: In some cases, the defendant may be placed on probation instead of serving time in prison. Probation typically involves conditions such as reporting to a probation officer, paying fines and restitution, and meeting other requirements set by the court.

It is important to note that the specific penalties imposed in a particular case will depend on the facts and circumstances, including the defendant’s criminal history and other relevant factors. Additionally, there may be other collateral consequences of a conviction for first degree robbery, such as difficulty finding employment and housing, and a tarnished reputation. An experienced criminal defense attorney can advise on the best defense strategy for a particular case.

Is first degree robbery a strike under California law?

Yes, first degree robbery is considered a strike under California’s Three Strikes law. The Three Strikes law is a harsh sentencing law that was enacted in 1994 with the goal of keeping repeat violent offenders in prison for a longer period of time.

Under the Three Strikes law, if a defendant is convicted of a serious or violent felony (known as a “strike offense”), they will receive a doubled sentence for any subsequent serious or violent felonies they commit. If the defendant commits a third strike offense, they will be sentenced to a minimum of 25 years to life in prison.

First degree robbery is considered a serious and violent felony under the Three Strikes law, and a conviction for this crime will count as a strike on the defendant’s record. This means that if the defendant is subsequently convicted of another serious or violent crime, they will face a longer prison sentence.

It is important to note that the Three Strikes law is complex and the specific consequences of a conviction for first degree robbery will depend on the defendant’s criminal history and other relevant factors. An experienced criminal defense attorney can advise on the best defense strategy for a particular case.

Second Degree Robbery

Other robberies are considered second degree robbery and also a felony strike in California but carry a lesser sentence of 2, 3 , or 5 years in state prison.

Second degree robbery in California is a less serious form of robbery defined under Penal Code 211 PC. It is distinguished from first degree robbery based on the circumstances surrounding the crime.

In California, second degree robbery occurs when the defendant takes property from another person by force or fear, with the intent to permanently deprive the owner of the property, but the robbery does not fit into one of the specific circumstances that would qualify it as first degree robbery (such as taking place in an inhabited dwelling, a financial institution, or during a carjacking).

Second degree robbery is a felony offense in California, and is punishable by imprisonment in the state prison for 2, 3, or 5 years.

It is important to note that the prosecution must still prove all of the elements of robbery (taking property from another person by force or fear, with the intent to permanently deprive the owner of the property) beyond a reasonable doubt in order to secure a conviction for second degree robbery. Additionally, a conviction for second degree robbery can still have serious consequences, including a criminal record, fines, and other penalties. An experienced criminal defense attorney can provide guidance on the best defense strategy for a particular case.

Penalty Enhancements

The penalties for robbery may significantly increase if the prosecution charges other allegations as follows:

If serious bodily injury is alleged under California Penal Code section 12022.7, defendant could receive 3-6 years in addition to the time prescribed for robbery.

If defendant is charged with the use of a weapon or a firearm in the commission of the robbery per California Penal Code section 12022.53, the sentence could increase by a minimum of 10 years.

What are the lesser included offenses to robbery?

The lesser included offenses to robbery in California include the following:

1. Grand theft: This offense involves taking property from another person with the intent to permanently deprive the owner of the property, but without the use of force or fear.
2. Petty theft: This offense involves taking property from another person with the intent to permanently deprive the owner of the property, but the value of the property is less than $950.
3. Receiving stolen property: This offense involves buying, selling, concealing, or possessing property that was obtained through theft or robbery, with the knowledge that the property was stolen.

These offenses are less serious than robbery and can result in lower sentences and fewer consequences if convicted. However, they still carry the potential for a criminal record, fines, and other penalties, and it is important to have an experienced criminal defense attorney on your side to help protect your rights and interests.

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Robbery Defense Lawyer

DEFENSES TO ROBBERY

The following are some of the common defenses that can be raised in a robbery case in California:

1. Lack of intent: The prosecution must prove that the defendant had the intent to permanently deprive the owner of the property taken. If the defendant took the property with a different intent, such as to temporarily borrow it, then they cannot be convicted of robbery.
2. Lack of force or fear: The prosecution must prove that the defendant used force or fear to take the property. If there was no force or fear used, then the defendant cannot be convicted of robbery.
3. Consent: If the owner of the property consented to the taking, then the defendant cannot be convicted of robbery.
4. Mistaken identity: If the defendant was misidentified as the person who committed the robbery, they cannot be convicted.
5. Insufficient evidence: The prosecution must prove the elements of robbery beyond a reasonable doubt. If the evidence is not strong enough to support a conviction, then the defendant should be acquitted.
6. Miranda violation: If the defendant’s rights under the Miranda decision were violated during their arrest or questioning, any statements they made may be inadmissible in court.

It is important to note that the specific defenses available in a particular case will depend on the facts and circumstances, and an experienced criminal defense attorney can advise on the best defense strategy for a particular case.

Your experienced criminal lawyer in Los Angeles can defend you based on the fact that the evidence is insufficient that you used force or threat of force.  Also, if you honestly believed that you were legally reclaiming your own property, there may be no robbery.

Another way is to negotiate with the prosecutor for a sentence that eliminates custody time or even the strike offense. In a successful plea bargain situation, the court may agree to place the defendant on probation and have him do some community labor with no jail time. The court may order the defendant to pay restitution to the victim.

Your robbery criminal attorney could also use other strategies and defenses to reduce your robbery case to a felony non-strike grand theft of a person per California Penal Code 487 or with more aggressive representation, we have been able to reduce a robbery to a misdemeanor with no jail time. This is because robbery once reduced to grand theft, it becomes a wobbler and capable of being reduced to a misdemeanor. You should not lose hope and quickly plead guilty to robbery as it could have life-changing adverse consequences for you.