Armed Robbery
California Penal Code 211 defines armed robbery as the taking of personal property in the possession of another from his person or immediate presence of another, and 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. 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. Therefore, theft often escalates into robbery when someone who, after being caught in the act of stealing something, uses violence or the threat of force towards the owner of the property 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 in prison if the warning shot hits someone.
The crime of robbery 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 something, uses violence or the threat of force towards the owner of the property 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 in prison if the warning shot hits someone.
Examples of Defenses Against Armed Robbery
Our firm has extensive experience defending clients against robbery charges. The prosecutors case can be flawed and depend on mistaken witness or victim testimony. Robberies are often scary and happen quickly. Sometimes witnesses 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 more minor offense. For example, if you did not use violence or the threat of force, you cannot be convicted of robbery but perhaps another but perhaps will be charged with common theft.
You can use reasonable force to retrieve property that belongs to you, even if you are 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 soon as possible. If the least we can do is have the charges reduced, this could potentially keep you from having a strike or a felony on your record.
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 perhaps another but perhaps will be charged with common theft.
You can use reasonable force to retrieve property that belongs to you, even if you are 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 soon as possible. If the least we can do is have the charges reduced, this could potentially keep you from having a strike or a felony on your record.