According to California law, robbery is the act of taking the possessions of another by force or fear. Unlike shoplifting, robbery could involve breaking into a home while the residents are there, drugging another person to take their possessions, or threatening others while taking their belongings. The penalties are quite severe in robbery cases, but luckily your attorney has a number of defenses they can draw on to get the case dismissed.
Here are a few examples of how your Los Angeles robbery lawyer could get the charges lessened in your case or possibly dismissed.
Not Forcefully Taking the Property
The biggest difference in robbery cases in California from all the other theft crimes is using the force of fear. The job of the prosecutor is to prove that you did in fact forcefully take the property, otherwise the case could be dismissed. Although you might be convicted of another theft crime, they tend to carry far less penalties than that of robbery. Your Los Angeles robbery lawyer is going to work hard to show the court that it was not your intention to forcefully take anything that you didn’t think belonged to you already.
If your lawyer can show that the victim may have been intimidated enough that they gave you the property without you using fear or force, then the charges from the prosecution simply will not stick as far as robbery.
Believing it Was Your Property
Although you are being charged with robbery, your attorney can fight to get the case dismissed by showing that you thought the property was yours to begin with. If it was your honest belief the property was yours, and that you were rightfully taking it back, then the state of California excuses the robbery. Your Los Angeles robbery lawyer has won several “claim of right” cases, and the prosecutor has the challenging part of proving you took the items in question without belief they were yours.
Your Los Angeles robbery lawyer will be able to assist you better with this defense than you trying to simply tell the judge you acted believing the property was yours. The “claim to right” defense will apply even if your belief the items were yours and was unreasonable at the time or a mistake.
Being a Victim of Mistaken Identity
Defendants of robbery cases many times will be part of a pretrial line-up that could result in false accusations and several mistakes. In many robbery cases, the victims are under tremendous stress, and in a frightened atate they make mistakes about the height, weight, and features of the suspect. If you have any of the qualities of the suspect, you may get picked out of the line-up in error.
Your experienced Los Angeles robbery lawyer can analyze the evidence of the prosecutor to better see if it is solely based on circumstantial evidence and poke holes in that evidence. By reminding the jury they need to be 100 percent certain before making a conviction, many times these cases rule in the favor of the defendant.
Falsely Accused of Robbery
You might be falsely accused of robbery by a jealous ex-partner or the actual criminal is covering up their guilt. False accusations in robbery cases in California are common because it is easy to file charges on anyone, leaving them with the burden of trying to prove they were not involved in the crime. In an effort to get compensation, the store owner may accuse you to falsely so they can file an insurance claim. In all these situations, without the help of an attorney, you could be in serious trouble.
The best local Los Angeles robbery lawyer will conduct a very thorough investigation to uncover the evidence needed to show that you were not the perpetrator in the crime. By uncovering evidence of what actually happened, your lawyer can work to get the case dismissed.
Your Los Angeles robbery lawyer will be able to look at all the details of your case and determine the best possible defense from a number of successful possibilities. By skillfully crafting the defense, you won’t face jail time, severe fines, or have a permanent mark on your record.
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.
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.
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.
California courts take robbery charges seriously. Unlike theft, which is considered a property crime, robbery is committed against a person. As such, it is always charged as a felony. This makes for particularly harsh punishments. If you or someone you love is being charged with robbery, then you need an experienced Los Angeles criminal defense attorney working on your case.
The Elements of Robbery in California
As with all crimes, the prosecutor is responsible for proving certain elements in order to get a robbery conviction. Only through demonstrating that all of these elements are present can the District Attorney hope to succeed. If even one is missing, then they may not proceed with prosecution. These elements are:
-The defendant removed an item of property belonging to another person,
-The property owner was present,
-The property was taken without the owner’s consent,
-Force or fear was used to obtain the property or prevent resistance by the victim, and
-The accused intended to keep the item or to permanently deprive the owner of its use.
A qualified Los Angeles robbery attorney may be able to prevent the prosecutor from proving all of these elements. Doing so is not always easy. That’s why it is imperative to work with a criminal defense attorney who has significant experience in this particular area. Attorneys with this experience understand the process that prosecutors go through. This enables them to proactively work on your defense, minimize surprises and achieve a better result.
First and Second Degree Robbery in California
State law recognizes two degrees of robbery crimes. Robbery in the first degree is considered the more serious offense. Accordingly, it carries harsher punishments. A defendant may be charged with first degree robbery in Los Angeles if the alleged crime occurred in a residential home, at an ATM machine, involves a carjacking or is committed against a taxi driver. Robberies under all other circumstances are categorizes as second degree. Examples of second degree robbery in Los Angeles may include mugging or strong-arm robbery. Regardless of whether you are accused of committing a crime in the first or second degree, you need a capable Los Angeles robbery lawyer working for you.
California Armed Robbery Charges
The penalties become even more severe when a weapon is used in the commission of a robbery. Simply having a firearm while committing robbery can add 10 years to any prison term. If the gun is actually fired, then the term may be extended by an additional 20 years even if no one was physically harmed. When the victim was physically harmed or killed during the crime, this may mean that the defendant is sentenced to 25 years in prison or for a term of life in prison.
Penalties for Robbery in Los Angeles
First degree robbery charges may lead to a prison sentence of between three and nine years. Being convicted of second degree robbery may mean spending between two and five years in prison. Unfortunately, that is not the end of the consequences. Many people who are convicted of robbery are ordered to pay restitution to victims as well as to pay fines and court fees. A mandatory term of parole or probation is also included. In some instances, the defendant’s driver’s license will be permanently revoked. Because robbery is considered a felony, most people convicted of this crime will lose their right to vote and may never be able to purchase or own a firearm. Anyone who has robbery or a similar conviction on their record may find it difficult to obtain work or rent an apartment. Clearly, one conviction can have serious consequences that you may feel for the rest of your life. It is in your best interests to try to resolve the situation as much as possible in your favor.
Talk to a Los Angeles Robbery Attorney Instead of the Police
You won’t do yourself any favors by speaking with the police. In fact, most people only dig themselves into a deeper hole when they agree to law enforcement interviews. Police are adept at getting people to trip over their words, making it easy to misconstrue an innocent statement as something else entirely. The police are sometimes more interested in closing a case than they are in seeing that justice is done. Their enthusiasm for getting on to the next case can be extremely bad news for your future. That’s why you need to schedule an appointment with a California criminal defense attorney.
Los Angeles Robbery Lawyers Working for You
It can be terrifying to be investigated for or accused of committing a robbery. However, you are not powerless in this situation. Tell the police that you won’t be speaking to them without your attorney being present, and then contact the criminal defense lawyers at this firm. Our attorneys have helped numerous California robbery defendants maintain their freedom and their good reputation through hard work and a devotion to justice. It’s our job to find holes in the prosecution’s case, and it’s something that we are very good at.
Contact our robbery defense attorneys today. The sooner they get involved with your situation, the sooner they can begin defending your rights. Don’t let the police convince you that you don’t need an attorney. They are looking out for their interests, not yours. We’re in the business of protecting our clients from the police and from being wrongfully convicted.
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