The Primary Defenses To A Robbery Charge – Penal Code Section 211

Facing robbery charges can be a daunting experience. Robbery is a serious crime that involves taking someone’s property through force or intimidation. Knowing your rights and understanding the defenses available can significantly impact the outcome of your case.

If you are looking for a criminal defense attorney near you, then you can reach out to us at any of our offices. Our experienced criminal defense attorneys can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.

What Constitutes Robbery?

Robbery is more than theft; it includes the element of force or threat. This distinction makes it a more severe offense. In many jurisdictions, robbery is classified as a felony with potential penalties including lengthy prison sentences.

Robbery under California Penal Code Section 211

In California, robbery is defined under Penal Code Section 211. This statute characterizes robbery as the felonious taking of personal property in the possession of another, from their person or immediate presence, and against their will, accomplished by means of force or fear. The penal code lays out explicit details regarding what constitutes robbery and the circumstances that can influence sentencing and categorization.

Degrees of Robbery

California law distinguishes between first-degree and second-degree robbery:

• First-Degree Robbery: This involves robberies of any driver or passenger of a taxi, bus, streetcar, or any similar type of transportation; robberies committed within an inhabited dwelling; and robberies that take place while the victim is using or has just used an ATM.
• Second-Degree Robbery: This includes all other types of robbery not classified as first-degree.

Potential Penalties

Penalties for robbery convictions under California law are severe and can include:

• First-Degree Robbery: Imprisonment in the state prison for three, four, or six years.
• Second-Degree Robbery: Imprisonment in the state prison for two, three, or five years.

These sentences can be even harsher if aggravating factors are present, such as the use of a weapon or causing serious bodily injury to the victim.

Important Elements to Prove

To secure a conviction for robbery under PC 211, the prosecution must establish several critical elements:

• Taking Property: The defendant must have taken property that did not belong to them.
• Possession: The property must have been taken from the victim’s person or immediate presence.
• Against Will: The taking must have been against the victim’s will.
• Force or Fear: The taking must have been accomplished through the use of force or inducing fear in the victim.

Understanding the specifics of California Penal Code Section 211 is essential for anyone facing robbery charges in the state. Navigating these complexities often requires the expertise of a skilled defense attorney who can craft an effective strategy in light of these legal nuances.

Primary Defenses to Robbery Charges

Several defenses can be employed to combat robbery charges. These defenses aim to challenge the prosecution’s evidence and establish reasonable doubt. Let’s explore the primary defenses in detail.

Alibi

An alibi defense asserts that the accused was somewhere else when the crime occurred. Here’s how it works:

• Evidence: Providing evidence such as witness testimony, surveillance footage, or receipts can support your alibi.
• Witness Testimony: Friends, family, or colleagues who can vouch for your whereabouts are crucial.
• Documentation: Receipts, tickets, or any form of documented proof can strengthen your alibi.

Consent

The consent defense argues that the alleged victim willingly gave their property to the accused. Understanding this defense involves:

• Proof of Agreement: Documented evidence or witness testimony showing the victim’s consent is essential.
• Prior Relationship: Demonstrating a prior relationship or agreement between the parties can support this defense.
• Communication: Any form of communication indicating the victim’s consent can be pivotal.

Mistaken Identity

Mistaken identity occurs when the wrong person is accused of a crime. Key aspects include:

• Eyewitness Testimony: Eyewitnesses can sometimes make mistakes due to various factors like poor lighting or stress.
• DNA Evidence: DNA testing can exonerate individuals mistakenly identified.
• Surveillance Footage: Reviewing surveillance footage can reveal the true perpetrator.

Self-Defense

In some cases, the accused may claim self-defense, arguing they acted to protect themselves. This defense involves:

• Imminent Threat: Showing evidence of an immediate threat to personal safety is crucial.
• Proportional Force: Demonstrating that the force used was proportional to the threat faced.
• Legal Justification: Providing legal precedents and statutes that justify the use of self-defense.

Contact Wallin & Klarich Today

If you are facing a robbery charge, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.

Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877)466-5245 for a free consultation with a skilled defense attorney.