Defenses to a First Degree Robbery Charge – CA Penal Code 211
When charged with a serious crime such as First degree robbery, you need a defense attorney that will fight for you using an effective defense strategy. There are several defenses available that could result in a dismissal or reduction of your charge. Here are some successful defenses that our lawyers at Wallin & Klarich can raise on your behalf:
You Did Not Take the Property
In order to convict you of first degree robbery under P.C. 211, the prosecution must prove that you took property from the victim’s person and in their immediate presence. If you did not touch the property in question or move it even a short distance, your attorney can argue that a taking did not occur.
For example: You threaten to harm someone if they do not give you all their money. As it turns out, they have nothing on them of value. You leave the scene without actually taking any property belonging to that person. In this case a taking has not occurred. However under these circumstances, you can still be charged with attempted robbery.
Claim of Right
A claim of right to the property is a defense to first degree robbery. You obtain property under a claim of right if you believe in good faith that you have a right to the specific property and openly take it. You can hold a good faith belief even if the belief is mistaken or unreasonable. In deciding whether or not you had such a good faith belief, the court will consider all of the facts known to you at the time you obtained the property.
Lack of Force or Fear
Your defense attorney can argue that you did not use force or fear to take the property and therefore you cannot be guilty of first degree robbery. If the manner in which you obtained the property was not sufficient to overcome the resistance of a reasonable person, you cannot be convicted of robbery. For example: You kindly ask a young man coming out of a supermarket if he can spare some extra change. He screams, throws his wallet at your feet and runs away in terror. Although this person was clearly afraid, his fear was not reasonable and therefore you cannot be convicted of robbery.
Lack of Intent to Permanently Deprive
In order to convict you of first degree robbery under California Penal Code section 211 PC, you must have formed the intent to permanently deprive the owner of the property before or during the time you took it. If you had no intention to deprive the owner of its use, your attorney can argue that you lack the requisite intent to support a robbery conviction.
It is also possible that you used force or fear in order to accomplish some purpose other than depriving another of his or her possessions. For example: You grab a friend forcefully by the arm and tell her to put out her cigarette or you will kick her out of your home. She puts out her cigarette and gives you the pack of cigarettes in fear that you will harm her. In this case you used force to accomplish another purpose other than depriving your friend of her cigarettes.
Robbery Defense Attorneys at Wallin & Klarich
If you are looking for a robbery attorney to represent you, Wallin & Klarich can help. With over 40 years of experience.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you, no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.