There are a number of factual and legal defenses to be made against California robbery charges
In California, robbery is the taking of personal property from someone else’s person or immediate presence, against the victim’s presence, through the use of force or fear. Under California law, robbery is always a felony offense.
Clearly, under this definition, robbery is a serious offense that can result in substantial prison time. In fact, first-degree robbery can lead to a California prison sentence of up to nine years, while a second-degree robbery defense can lead to up to five years in state prison. That makes it all the more important that anyone charged with robbery have a highly qualified Orange County criminal lawyer to represent them.
There are a number of potential factual and legal defenses to robbery charges under California law. These defenses are based on the definition of robbery, and what the prosecutor has to prove. Specifically, the prosecutor must demonstrate that:
- the defendant took property that did not belong to him or her;
- the property was in the possession of another person when he or she took it;
- the property was taken from the other person or was taken from his or her immediate presence;
- the property was taken against the person’s will;
- the defendant used force or fear to take the property or to prevent the other person from resisting; and
- when using force or fear, the defendant had the intent to deprive the owner or the property of that property permanently or for an extended period of time.
If the prosecutor does not prove each of these elements, then the robbery charge cannot stand. As a result, a skilled Orange County criminal lawyer has multiple opportunities to present a defense against robbery charges.
Many potential defense involve the specific facts of the case. For example, if the property was not in another person’s possession, then it was not robbery. Consider this scenario: if person A loaned his Beats headphones to Person B, and Person B never returned them, even when asked, that is not robbery. Why? While Person B does not have a right to the headphones, Person A did not have possession of the headphones when the alleged robbery occurred — Person B did — and so the robbery charge must fail. Similarly, if there is some question as to who owns the Beats headphones, then the robbery charge may also fail. If there is at least reasonable doubt as to whether Person A or Person B owns the headphones, then the prosecutor cannot prove that Person B took property that did not belong to him.
Other defenses involve more of a legal aspect than a factual matter. For example, an Orange County criminal lawyer may argue that there was no intent to keep the property when it was taken by force or fear. This is critical — the defendant must have used force or fear with the intent to deprive another person of property. If a person used force or fear for another reason, such as in a bar fight or simply because he was mad, and then just happened to take something from the other person, then it is not robbery.
As you can see, defending against a robbery case can be complex. That is why it requires the assistance of a skilled Orange County criminal lawyer. At the Chambers Law Firm, our attorneys have significant experience helping people who have been charged with robbery and related offenses. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
