February 18, 2012
The District Attorney must prove all of the following
1. You took property that was not yours
2. The property was in another persons possession or immediate presence
3. You took the property against the other persons will
4. You used force or fear to prevent the other person from resisting
5. You intended to keep the property long enough to deprive the owner of a major portion of the value or enjoyment of the property
If the prosecutor cannot prove all five of these elements then your criminal defense attorney will argue that the charges must be dismissed.