Los Angeles Robbery Defense Lawyer
Robbery is one of the most serious felonies in California. As a result, it is critical to get an experienced robbery defense attorney on your side if you are under suspicion. A robbery defense lawyer can ensure that your rights are protected and that you get the most positive outcome for your case.
The Legal Definition
An accusation of robbery means that a robbery defense lawyer is crucial, given the extremely grave legal consequences. Robbery involves the illegal taking, with intimidation or violence, of a person’s property. Any conviction will result in adverse outcomes for your entire future.
A robbery charge in California is serious, as it is a crime against a person, rather than only property. California penal code robbery mandates that, unlike theft, robbery in Los Angeles is a felony. This means that this charge has the very real potential to impact the rest of your life.
Robbery law is defined under California Penal Code Section 211 as the taking of property from another person using force or fear. Force can mean any physical contact, such as hitting, pushing, or grabbing someone. Fear tends to be through verbal intimidation or threats. There need not even be any physical contact; only the act of “felonious taking” is necessary.
If a person is forced to act through the control of the suspect, who moves the property, even by only a short distance, the taking element will be satisfied. Examples of robbery include making intimidatory threats and asking a person for their wallet, pulling a purse off the shoulder of a woman walking down the street, or demanding money from someone by pressing an object into their back.
Each case will turn on its own particular facts, and a knowledgeable robbery attorney will be crucial to help you fight a robbery charge.
Why Burglary and Robbery are Different?
As there are a number of different ways you may be charged with robbery under Section 211 of the California Penal Code. Robbery cases belong to the range of property crimes that include shoplifting, theft, and burglary.
A conviction of any of these property crimes is likely to lead to time behind bars. A burglary attorney will have extensive knowledge of all property-related crimes as well as robbery case law and be skilled at constructing a defense against the charge of unlawfully entering into a residence or business for the purpose of stealing property.
What are the Different Types of Robbery in California
Robbery law is divided into first-degree and second-degree crimes. First-degree robbery takes place in an inhabited dwelling, a trailer, a vessel, or against the driver or passenger of a vehicle, such as a car, bus, taxi, or indeed any form of transportation. A robbery that takes place while or after the victim was using an ATM is also a first-degree robbery.
Any robbery that does not involve these elements is a second-degree robbery.
What are the Penalties for Penal Code 211 PC?
In order to be convicted of robbery in Los Angeles County, the prosecutor must prove all elements of the crime beyond a reasonable doubt. It’s important to be aware that as robbery is a felony, prosecutors will seek prison time.
The legal penalties will vary according to whether it is first or second-degree robbery:
- Sentences for first-degree robbery include a maximum criminal penalty of up to nine years of jail time and a fine of up to $10,000, as well as sentencing enhancements for actions such as bodily injury and the use of a gun.
- Second-degree robbery penalties include a $10,000 fine and up to 5 years in state prison, as well as enhanced penalties.
An experienced attorney will be skilled in defense strategies against all types of charges, including the California Three Strikes Law, under which defendants receive a prison sentence of between 25 years to life if they have two or more prior convictions for a violent or serious felony.
A criminal defense lawyer will also be skilled in defending against charges made under Penal Code 12022.53 PC, known as the “10-20-Life: Use a Gun and You’re Done” law, which enhances the penalties in cases in which the suspect used a gun.
A charge of attempted robbery is possible where all the elements of robbery are not fulfilled. In such cases, the prosecution must prove that the suspect had the intent to commit a crime and that they took a direct step to commit it. Penalties include half of the state prison or county jail sentence and half the maximum fine of up to $5000.
How to Defend Against Robbery Charges in Los Angeles
If you are under investigation or charged with robbery, you are advised to remain silent and refuse to answer any questions until you have spoken with a criminal defense lawyer. You have the right to advise from an attorney proficient in defense strategies.
A robbery lawyer experienced in crimes such as robbery and connected felonies such as receipt of stolen property will carefully review your case. As prosecutors consider how a robbery was carried out, a robbery attorney will look for factors that may reduce the charges, such as the lack of force or fear in the committal of the felony, mistaken false identity, or false accusation.
An experienced lawyer will also look for errors that may have been committed by law enforcement, such as unconstitutional search and seizure. This could occur in the instance, for example, of police confiscation of evidence from your home using a search warrant issued without probable cause, or even the suppression of evidence by law enforcement.
Contact our Los Angeles Criminal Defense Law Firm
If you find yourself under investigation or charged with robbery, you must remain silent and refuse to answer any questions put to you by law enforcement. Instead, contact our law firm so that we can help you consider all the facts of your case and discuss your legal options going forward.
Robbery Charges in California FAQs
What Are The Consequences Of Armed Robbery?
Armed robbery is a first-degree robbery with enhanced penalties that can result in an additional 10 years in prison. If a firearm was fired during the robbery, the maximum sentence is 20 years. If someone was killed or seriously hurt during the robbery, the sentence will be 25 years to life.
What Is The Difference Between 1st Or 2nd-Degree Robbery?
First-degree robbery takes place inside a dwelling or vehicle. Second-degree robbery takes place anywhere else. First-degree robbery is punishable by up to 9 years in prison and a fine of up to $10,000. Second-degree robbery can result in up to 5 years in prison and a $10,000 fine.
How Many Degrees Of Robbery Are There In California?
All robberies in California are either first-degree or second-degree.
How Long Is A Sentence For Armed Robbery?
Armed robbery can add 10 years to your sentence, with a maximum sentence of 20 years if the weapon was fired. The sentence will be 25 years to life in prison if someone was killed or seriously injured.
Is Armed Robbery Worse Than Pen Robbery?
Threatening someone with a deadly weapon during a robbery count as armed robbery even if you do not actually possess the weapon that you are threatening a victim with. This includes pressing an object into someone’s body to make them believe it is a firearm, or brandishing a fake gun, which can also involve additional charges.
What Are The Six Elements Of Robbery?
To prove a defendant is guilty of robbery, the prosecution must prove that:
- The defendant took property that was not their own
- The property was in the possession of another person
- The property was taken from the other person or their immediate presence
- The property was taken against that person’s will
- The defendant used force or fear to take the property or to prevent the person from resisting
- When the defendant used force or fear to take the property, they intended to take it from the owner permanently or for an extended period of time that would prven the owner from enjoying a major portion of the value or enjoyment of that property.
What Is The Difference Between Theft And Robbery?
Theft means taking someone’s property without fear or violence, whether they were present or not. Robbery means that the victim was present and fear or force was used.
What Is The Difference Between Loot And Robbery?
Looting involves entering someone’s property without permission to steal their property. As a result, it is usually treated as burglary. If the property owner is present and fear or force is used to take their property or prevent them from defending it, this may result in robbery charges.