Los Angeles Robbery Defense Lawyers
Robberies, often mistaken for other crimes like larceny and burglary, involves the theft of property through brute force or intimidation. While burglary and similar crimes are seen as a form of property theft, robbery differs in that it is viewed as a crime against another person or people.
Shoplifting, embezzling and burglary rely on stealth and secrecy, a robbery involves direct confrontation through the use of force, fear and intimidation. Because of the fact that Los Angeles robberies often involve some form of injury as a result, whether physical or psychological, the court views it as a violent crime.
Regardless of the prosecutions approach to those accused of committing a robbery, a robbery is a felony, and it can come with a vast amount of prison time if convicted.
Los Angeles is a large bustling city, and anything can happen. So if you live in the Los Angeles area and have been accused of participating or facilitating in a robbery, it’s important to not speak with police officers about the alleged act, but to simply ask for your lawyer. Stand by your right to remain silent and seek out an established Los Angeles legal team with experience in robbery defense representation.
First and Second Degree Robbery in Los Angeles
Under California state law a robbery is punishable by a first-degree or second-degree felony. There are several factors that go into determining whether a robbery is a first or second-degree felony. The alleged location of the offense, if there was use of direct force through assault or with the use of a weapon, and various other factors play into how a robbery is classified.
Committing a robbery inside a home, while an individual is in the middle of an ATM transaction or has just used an ATM, or committing a robbery through a carjacking are all automatically first-degree robberies. For the most part, all other types of robbery are second-degree felonies. Strong-arm robbery or muggings, for example, are second-degree felonies.
California Penalties for Robbery
Being convicted of a first-degree robbery typically results in serving 3, 4 , or 6 years in the California state prison. Sentences vary, but if a robbery took place that involved the help of other individuals, who worked alongside one another to rob an inhabited home, then the first-degree penalty can bring 3, 6, or 9 years in a California prison. Being convicted of a second-degree robbery often results in a penalty of 2, 3, or 5 years in the California state prison.
It’s important to understand that there are several factors that can prolong a robbery sentencing.
- Using a firearm during a robbery can incur an additional 10 years onto a prison sentencing.
- Discharging a firearm during a robbery can incur up to 20 years onto a prison sentencing.
- Extreme injury or death as a result of the discharge of a firearm during a robbery can incur an additional 25 years onto a prison sentencing.
- Inflicting bodily injury during a robbery without the use of a firearm can incur an additional 3 to 6 years onto a prison sentencing.
What Do Los Angeles Prosecutors Need to Prove?
In order for Los Angeles prosecutors to prove a defendant’s guilt to secure a conviction and prison sentence, there are several things they need to prove about the defendant’s link to the robbery.
- The victim of the robbery was in the presence of the property that was stolen.
- Proof that the accused individual had taken the victim’s property. The property’s worth is irrelevant.
- The accused individual(s) used direct force or fear onto the victim. Contact that is incidental is excused.
- The property was taken without the victim’s knowledge or consent.
If you or a loved one has been accused of committing a robbery, you need to get in touch with a reliable Los Angeles defense team who have a proven track record and uphold a commitment to their clients.