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Robbery
California Robbery Defense Attorney
Robbery is a serious felony offense in California. Being charged with any form of robbery can result in significant legal consequences, including long prison sentences. California Penal Code §211 defines robbery as the felonious taking of personal property from someone else’s person or immediate presence, against their will, and by means of force or fear.
If you or a loved one has been charged with robbery, it’s essential to understand the different types of robbery charges under California law and how a skilled robbery defense attorney can help you through the legal process and fight for the best possible outcome.
Types of Robbery Charges
California law distinguishes between first-degree robbery and second-degree robbery, based on the circumstances of the crime.
First-Degree Robbery
First-degree robbery is the most serious form of robbery, typically involving specific circumstances. These include:
- Robbery of a Vehicle Operator: When the victim is operating a taxi, bus, streetcar, or another vehicle for hire (such as an Uber or Lyft driver).
- Robbery in a Dwelling: When the robbery takes place in the victim’s home or residence.
- Robbery During an ATM Transaction: When the victim is using, or has just used, an ATM and is robbed at that moment.
The penalties for first-degree robbery typically follow:
- 3, 6, or 9 years in state prison for robbery that occurs in the victim’s dwelling.
- 3, 4, or 6 years in state prison for other first-degree robbery offenses.
Second-Degree Robbery
Conversely, second-degree robbery covers all other forms of robbery that do not meet the criteria for first-degree robbery. While still a felony, second-degree robbery carries less severe penalties compared to first-degree robbery. It typically applies to situations where the victim is robbed outside of the specific circumstances that qualify as first-degree robbery. The penalties for second-degree robbery are often 2, 3, or 5 years in state prison.
Attempted Robbery
Additionally, attempted robbery occurs when an individual is accused of trying to commit robbery but doesn’t successfully complete the crime. While no property may be taken, attempted robbery is still a felony. Thus, it is treated seriously under California law. Attempted robbery can also carry significant prison time depending on the specifics of the case. Even if the robbery is not fully carried out, the attempt itself is still a serious offense. Thus, those convicted may face severe consequences.
Criminal Defense Robbery
If you’ve been charged with robbery in California, securing a criminal defense attorney should be your first priority. Robbery charges are serious. A conviction can result in years behind bars, with long-lasting consequences that affect your future. Here’s how a skilled criminal defense for robbery can help:
- Challenging the Evidence: In a robbery case, there may be issues with witness testimony, physical evidence, or even the way the evidence was gathered by law enforcement. First, a criminal defense attorney investigates the facts and challenges the evidence.
- Negotiating for a Plea Deal: In some cases, your attorney may be able to negotiate a plea deal to reduce the charges or penalties. This may especially happen if there are mitigating factors in your case. Examples include a lack of prior criminal history or the circumstances of the robbery.
- Defending Against False Allegations: Robbery cases can sometimes stem from misunderstandings or false accusations. Because of this, a criminal defense lawyer can work to expose inconsistencies in the accuser’s testimony and present evidence that challenges the validity of the robbery charges.
- Exploring Legal Defenses: Examples of legal defenses that a skilled attorney can use in a robbery case include lack of intent, coercion, or misidentification.
- Mitigating Sentencing: Even if a robbery conviction seems inevitable, your attorney may be able to present factors that could reduce the severity of your sentence. For example, showing that you acted under duress, that the robbery was less violent than alleged, or that you have demonstrated remorse help.
Robbery Defense Lawyer: Get the Legal Defense You Need
Being charged with robbery in California is a life-altering event. Because of this, you need an experienced criminal robbery defense lawyer to defend your rights and fight for the best possible outcome. At the Law Office of Ronald G. Brower, we specialize in defending individuals facing serious charges like robbery. We understand the complexity of California’s robbery laws and are committed to providing strong, aggressive defense strategies. Let us help you protect your future and work toward the best possible resolution of your case.