Robbery is defined as the felonious taking of someone else’s property against their will and in their presence using force or fear. The California Penal Code 211 provides the details of the crime of robbery. There are two main types of robbery — first-degree and second-degree. Both types are felonies.
The charge of robbery is a violent crime that could result in severe penalties that include prison time. Any felony charge is a serious concern that requires a vigorous defense. An experienced criminal defense attorney knows how to defend against your robbery charges and ensure your rights are protected throughout the process.
There are some important elements the prosecution must prove beyond a reasonable doubt for a conviction of robbery. The following factors will determine how your crime is charged and the potential penalties.
- First-degree robbery is when the victim is the driver or passenger of a vehicle, inside an inhabited structure, or when using an ATM.
- Second-degree robbery occurs when someone takes property under any other circumstances than those of first-degree.
- The crime is committed using force or fear. The use of force or fear must be intended. However, the use of force may be implied.
- Robbery must occur in the immediate presence of the victim. Immediate presence is the area in which the victim has physical control and could otherwise maintain possession of the property but for the use of force or threat.
- Multiple robbery charges can apply when a defendant commits a single act of robbery from more than one victim or if you used a weapon in the commission of the crime.
First-degree robbery carries a potential penalty of three, six, or nine years in prison if found guilty. Robbery that does not fit the requirements of first degree will generally be second-degree robbery. Second-degree robbery has a penalty of two, three, or five years in prison. The judge has leeway in sentencing and you could be eligible for probation or probation with a year in jail.
Armed robbery has stiffer penalties that include 10 years for using a gun during the crime, 20 years for discharging the gun during the robbery, and an additional 25 years to life sentence if your use of a gun caused great bodily harm or death.
- Robbery is included in the three-strike sentencing law. Enhanced sentencing applies to those who have previous violent crime convictions. With a second strike, the penalties double. With a third conviction, the sentence is 25 years to life in prison.
- Armed robbery occurs when a weapon or threat is used in commission of the crime. Additional penalties apply if you use or discharge the gun, or cause great bodily harm or death.
- You may be charged even if the robbery was not complete or successful. The same elements still apply to the situation.
If you or a loved one is facing robbery charges, call our firm today. We are here to listen. We are here to help, and we can help you fight for your future. Give us a call today.
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The Law Offices of David Lehr provides legal representation to individuals facing felony charges of robbery in Ventura, Oxnard, and Camarillo, California. No attorney or law firm can make any promises or guarantee an outcome for your criminal case. The contents presented on this site are for informational purposes only and should not be construed as legal advice. Visiting this website does not establish an attorney/client relationship.
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