Robbery

California Penal Code Section 211 defines robbery as taking property that is not yours from another person’s possession and immediate presence through the use of force or fear to keep the victim from resisting. Furthermore, the intent to take the property must have been formed before or during the time the defendant used the force or fear.

Robbery is described as a crime that continues until the perpetrator reaches a place of temporary safety. Therefore, theft often escalates into robbery when someone who, after being caught in the act of stealing, uses violence or the threat of violence towards the owner in order 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 is enhanced by 10 years if you use a gun during the robbery, by 20 years if you let off a warning shot, and by 25 years to life if the warning shot hits someone.

Examples of Defenses Against Robbery

Our firm has extensive experience successfully defending clients against robbery charges. Prosecutors’ cases can be flawed if they depend on mistaken witness or victim testimony. People are often falsely accused of robbery. Robberies are scary and stressful events that often happen quickly, and witnesses often do not get a good look at the perpetrator or remember his/her face.

Because robbery is somewhat similar to other, less serious crimes, we are often successful in having charges reduced to a lesser offense. For example, if you did not use violence or the threat of violence, you cannot be convicted of robbery but could be charged with theft from a person.

If you are accused of stealing something that belongs to you or if you have reason to believe that it belongs to you, you can use reasonable force to take it.

You cannot be charged with robbery simply because you were present when a robbery took place or were associated with the robbers.

Even if the evidence against you is overwhelming or you have confessed, we invite you to contact us immediately. If the least we can do is have the charges reduced, this could potentially save you from having a strike or a felony on your record.