Discover Your Defense Options if You Are Facing Charges of Robbery in California

Discover Your Defense Options if You Are Facing Charges of Robbery in CaliforniaRobbery is defined in California as the stealing of personal property from someone else’s person or immediate presence, against the victim’s will, using force or fear. Robbery is always a felony offense in California.

Robbery is clearly a serious offense that can result in significant prison term under this criteria. In reality, first-degree robbery can result in a nine-year prison sentence in California, while a second-degree robbery defense can result in a five-year sentence. That is why it is critical that anyone accused of robbery be represented by an experienced criminal lawyer. Contact Chambers Law Firm at 714-760-4088 to request a free legal consultation.

The prosecutor has many elements to prove in a robbery case

Under California law, there are several factual and legal defenses to robbery allegations. These arguments are predicated on the prosecutor’s burden of proof and the definition of robbery. In particular, the prosecutor must show that the defendant:

Took property that did not belong to him or her, that the property was in the possession of another person when he or she took it, that the property was taken from the other person or from his or her immediate presence, that the property was taken against the other person’s will, that the defendant used force or fear to take the property or to prevent the other person from resisting, and the defendant had the intent to deprive the owner or the other person of the property.

The robbery accusation will be dismissed if the prosecutor fails to prove each of these factors. As a result, an experienced criminal lawyer has many options for presenting a defense against robbery allegations.

There are numerous defense options that could apply to your case

Many plausible defenses are based on the facts of the case. If the property was not in the possession of another person, it was not robbery. Consider the following scenario: Person A lent his Beats headphones to Person B, and Person B never returned them, even when requested. Why? While Person B had no legal claim to the headphones, Person A did not have them at the time of the alleged crime – Person B did — hence the robbery accusation must be dismissed.

Similarly, if the ownership of the Beats headphones is disputed, the robbery allegation may be dismissed. The prosecutor cannot prove that Person B took property that did not belong to him if there is a reasonable doubt as to whether Person A or Person B owned the headphones.

Other defenses are more concerned with the law than with the facts. A criminal lawyer, for example, could argue that when property was seized by force or intimidation, there was no intent to keep it. This is crucial: the defendant must have used force or fear to deprive someone else of their property. It is not robbery if a person used force or terror for another reason, such as in a bar brawl or just because he was angry, and then took something from the other person.

As you can see, defending a robbery charge is difficult. That is why you will need the help of an experienced criminal lawyer. Our attorneys at Chambers Law Firm have extensive experience representing persons accused of robbery and related crimes. To schedule a free initial consultation, call 714-760-4088 or email dchambers@clfca.com.

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