Robbery Defense Attorney Los Angeles
If you or a loved one has been charged with or is being investigated for committing a robbery, you should immediately contact a Los Angeles robbery defense attorney at The H Law Group. Our robbery attorneys have the knowledge and experience that are necessary to achieve the best possible outcome for your case. Schedule your free consultation by filling out the contact form below or by calling us at 1 (213) 370-0404.
In California, the prosecution charges robbery under California Penal Code (CPC) Section 211. Robbery is a felony and being convicted for it adds a strike to one’s criminal record. So, what does it mean for you or your loved one to have a strike under The California Three Strike’s Law? This means that if you’re convicted for another violent crime in the State of California, the government will punish you more harshly, meaning you’ll be sent to prison for a longer period of time than another individual who does not have a strike on his record. For example, if you are convicted of robbery and you’re convicted of a subsequent felony, your prison sentence may be doubled because you had a previous strike on your criminal record.
Punishment for Robbery
If the prosecution convicts the defendant of first-degree robbery, he may be sentenced to three (3), four (4), or six (6) years in California State Prison. Also, he may be subject to a fine of up to $10,000.
On the other hand, if the prosecution convicts an individual of second-degree robbery, the defendant can be sent to California State Prison for a maximum of two (2), three (3), or five (5) years. Also, the defendant can be fined up to $10,000.
What is Robbery in Los Angeles, California?
For the prosecution to convict an individual of robbery, it must show that the defendant illegally took the property of another person by using force, fear, or the threat of force. An individual can be convicted of robbery regardless of the value of the property of the alleged victim. For example, if you attempted to steal a $5 lighter from a person by threatening to kill him if he does not hand it over, you can still be charged with and convicted of robbery.
The amount of force that you use can be simple, such as threatening to punch someone, or it can be more serious if, for example, you use or brandish a weapon to convince the individual to hand over his property. If convicted of robbery, an individual can be sent to prison for a maximum of five (5) years in California State Prison.
The amount of force used will determine the harshness of the punishment or length of the prison sentence. Also, whether you injured your victim will impact the length of your prison sentence. So, if you’ve been charged with robbery in Los Angeles or elsewhere in the State of California, please contact the Southern California a Los Angeles robbery defense attorney to represent you and fight for you.
What Does the Prosecution Have to Show you to Convict you of Robbery?
To convict you of robbery, the prosecution must show the following:
- The defendant unlawfully took,
- The property of another person
- The property was taken from the person’s possession and his immediate presence,
- To take the property, the defendant used force, fear, or threats of force to take the property, and
- The defendant intended to deprive the owner of the property permanently
First Degree Robbery vs Second Degree Robbery
In the State of California, the prosecution can charge an individual with either first-degree robbery or second-degree robbery. So, what counts as first-degree robbery? A first-degree robbery is one that takes place at an individual home, one that involves a taxi driver, one that involves a carjacking, or one that takes place at an ATM machine. Any robbery that does not fall under the list we just covered is usually considered to be a second-degree robbery.
In addition to serving a lengthy prison sentence, an individual convicted of robbery will have to pay hefty court fees and fines, as well as pay restitution to the alleged victim. Also, an individual may be placed on probation or parole for three (3) to five (5) years. A conviction for robbery will also cause you to lose your right to possess and own a firearm.
As such, if you’ve been charged with or arrested for robbery, you should immediately contact a robbery defense lawyer at The H Law Group.
Our robbery lawyers are experienced and will do their best to fight for you throughout the criminal process. Many of our attorneys are former prosecutors, which makes them knowledgeable as to how the government will put together its case, making them the best criminal defense lawyers to fight for you. They will use their knowledge of how the system works to achieve the best results for you.
What is the Difference Between Robbery and Burglary?
Robbery is a theft crime that an individual commits when he attempts to sealing anything of value from another person while the person is immediately present and the property is taken from his or her person. On the other hand, a burglary occurs when an individual enters a home or commercial building to commit a felony within the building. For example, if you go into your neighbor’s home without his permission to steal his laptop, you’ve committed burglary, not robbery. If you point a gun at a passerby and demand that he give up his bag, you’ve committed a robbery. Other theft crimes include theft and shoplifting. Theft is the unlawful taking of the property of another without their permission. Shoplifting is a form of theft that occurs when an individual steals something from a store.
Defenses to Robbery
Here are some of the defenses that your attorney may be able to use to prove your innocence.
No Use of Force
If the facts of your case support it, your attorney may be able to argue that you did not use force or fear to steal the property of another person. The main element that the prosecution must establish to convict you of robbery is to show that you used force or fear to steal the property of another person. If the prosecution fails to show this element, your left will theft, which is still serious but not as serious as a robbery conviction. Theft carries a shorter prison sentence and a person convicted of theft isn’t stigmatized in society as badly as someone who’s been convicted of robbery.
You Believed the Property Was Yours
Another defense that your attorney can use is that you honestly and reasonably believed that the property you took from another person was your property. This is so because you cannot have the intent to deprive another person of his property if you honestly believe that the property was yours and you were simply trying to reclaim your own property.
Your attorney may also be able to argue that you are not the person who committed the robbery. It often happens that an individual who is not the person who committed the robbery is identified as the perpetrator. So, if you claim that you’re not the person who robbed the alleged victim, your attorney will make this argument on your behalf. Regardless of why you were charged with robbery, you should contact a robbery attorney or robbery lawyer at The H Law Group to represent you.
Robbery Defense Lawyer Los Angeles
If you or a loved one has been charged with robbery, you should contact an experienced Los Angeles robbery defense lawyer to represent you. The robbery lawyers at The H Law Group have the knowledge and experience that are necessary to achieve the best possible outcome in your case. Our attorneys believe that everyone should have a good legal defense and that’s exactly what they’ll provide you with. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.