Do Not Take a Charge of Robbery Lying Down: Find Defense Options Today

 Do Not Take a Charge of Robbery Lying Down: Find Defense Options Today

California law defines the crime of robbery as taking personal property from a person or their immediate presence. Further, it must have been taken against the person’s will and by using fear or force. Robbery is always a felony in California, which makes it even more important that you talk to an experience criminal defense attorney sooner rather than later.

Examples of robberies

To better understand robbery, consider the following examples:

  • Breaking into an occupied home and taking property while threatening said inhabitants. Referred to as burglary, it can also be charged as robbery.
  • Giving someone drugs and then stealing their belongings while they are unable to defend themselves.
  • Taking property from a person and then threatening the owner when escaping.

These are just a few examples. Your charge may look nothing like these scenarios.

The prosecution must prove numerous elements

In order for the prosecution to win their case, they must prove that the property did not belong to the defendant, that it belonged to another person, that the property was in immediate possession of the owner, that the defendant took the property against the will of the owner, that force and / or fear were used, and that the defendant had the intention of keeping it long enough to deny the owner of tis value.

Note that this is a long list of factors that must be proven. In order to win your case, we do not need to prove that none of them are true – we only need to prove that one of them is not true.

Potential penalties for robbery

The law separates robbery into first-degree and second-degree. First-degree is the most severe type and it must either have occurred on public transportation, in a taxi, in an inhabited structure, or in the vicinity of an ATM machine after a victim used the ATM. A conviction can lead to nine years in prison and fines of as much as $10,000.

Second-degree robbery is essentially any type of robbery not covered by first-degree robbery. It can result in up to five years in state prison and fines of as much as $10,000.

Legal defense options for charges of robber

The best way to defend against your charge depends on a long list of factors but there are some defense options that are more common than others. We may work to show that you did not use force of fear, that you had a right to the property (or believed you di), that you immediately returned the property, or that you are being misidentified or falsely accused.

In the event that there is a wealth of evidence and the prosecution seems likely to be able to prove their case, we can work to secure the best possible plea deal. Reach out to Chambers Law Firm at 714-760-4088 now to find out what defense options may be right for you.

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