A friend was charged with robbery when he broke into a home he thought was empty. A resident woke up and fired a shot at him. Is this robbery or burglary?

The answer depends on the reaction to the crime by the resident of the home and whether any of that person’s property was actually taken by your friend. California burglary law, under Penal Code 459, requires that your intended to commit a petty theft, grand theft, or other felony once inside. It isn't necessary for the prosecutor to prove that your friend actually committed the intended crime, only that he…

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What does the DA have to prove to convict me of robbery?

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…

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What sentence will I get for a robbery conviction?

If you are convicted of felony robbery in the first degree you will be facing a state prison sentence of three, six or nine years. In addition, you will have a “strike offense” on your record which you definitely want to triy to avoid. If you are convicted of second degree robbery the court can sentence you to two, three or five years in prison. In either case you will…

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