Robbery is defined in California Penal Code Section 211 as the taking of someone else’s property from their physical possession by use of force or intimidation. This is a felony offense in California and is punishable by two to nine years in state prison.
In order to convict you, the prosecution must prove that:
1. You took property that did not belong to you;
2. You took the property from another person’s possession or presence;
3. It was against their will;
4. You used force or threats in carrying out the taking;
5. And when you took the property, you either did not intend to return it or you intended to keep it for a substantial amount of time.
A conviction only results if the prosecution can prove beyond a reasonable doubt every single one of these elements to the crime. If any one of the listed elements is left unproven, the charge against you will likely be dismissed.
To substantially increase your chances of beating a robbery charge, it is crucial that you obtain an experienced Southern California robbery defense attorney who can inform you of your rights and any viable defenses you may have. A skilled criminal defense attorney, for example, may be able to assert and argue on your behalf that the accusations against you are false, that you were mistakenly identified, that you had a valid claim of right, or many other defenses that may be applicable in your circumstances.
Although robbery is always prosecuted as a felony in California, its punishments can be less or more severe depending on the circumstances. First-degree robbery is more serious and involves circumstances involving passenger or commercial vehicles or inhabited dwellings. A first-degree conviction may result in three, six, or nine years in state prison. Second-degree robbery, on the other hand, is less serious and involves circumstances that do not rise to the level of first-degree robbery. A conviction for second-degree robbery may result in a sentence of two, three, or five years in state prison.
Additionally, there are a number of enhancements that may increase the penalties. For example, if the robbery results in great bodily injury to a victim, California Penal Code Section 12022.7 will impose another three-to-six-year prison term in addition to the normal sentence for a robbery conviction.
If you are facing robbery charges, it is imperative that you contact a Southern California criminal defense attorney immediately. At Wallin & Klarich, our robbery defense attorneys have over 30 years of practice experience and will work to provide you with the best possible outcome in your case. Call us today for a free consultation at 888-764-2615 or visit us online at www.wklaw.com. We will be there for you when you call.
