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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.