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California Penal Code 211 defines armed robbery as the taking of personal property in the possession of another from his person or immediate presence, against his or her will, by force or fear. The force and fear factor is what distinguishes robbery from common theft. Robbery is considered a felony in all states, and armed robbery involves the use of a weapon. The maximum sentence for armed robbery is life imprisonment.
The crime of robbery continues until the perpetrator reaches a place of temporary safety. Theft often escalates into robbery when someone caught in the act of stealing uses violence or the threat of force toward the property owner to escape.
Robbery is always treated as a felony and is a ‘strike’ offense under California’s three strikes law. If convicted, you face up to five years in state prison. However, this can be enhanced as follows:
Our firm has extensive experience defending clients against robbery charges. The prosecutor’s case can often be flawed and may depend on mistaken witness or victim testimony. Robberies are often scary and happen quickly, so witnesses may not get a clear look at the perpetrator or remember details correctly.
Because robbery is somewhat similar to other, less serious crimes, we are often successful in having charges reduced to a more minor offense. For example, if you did not use violence or the threat of force, you cannot be convicted of robbery but might be charged with common theft instead.
Additionally, you can use reasonable force to retrieve property that belongs to you, even if falsely accused of stealing it. You cannot be charged with robbery simply because you were present when a robbery was taking place.
Even if the evidence against you is overwhelming or you have confessed, we invite you to contact us as soon as possible. If the least we can do is have the charges reduced, this could potentially keep a strike or a felony off your record.
