Robbery is an inherently dangerous felony carrying substantial consequences. Our office is committed to conducting a full investigation into the government’s allegation against you. If you are under investigation or charged with robbery, there’s no question that contacting a respected and experienced Orange County robbery lawyer is imperative.
We provide effective and immediate representation to those standing accused of robbery. Our attorneys understand the serious nature of the offense and are prepared to explore every avenue to have the charge dropped or reduced.
Overview of the Crime Robbery in California
Robbery is the act of using force or fear to effectuate the taking of property from another. In accordance with penal code 211 pc, robbery is a violent felony carrying a permanent strike on your record if convicted. The act requires the use of force or imminent fear but does not require any physical contact to accomplish. The property may be either money or property having some intrinsic value. In addition, the statute requires movement of the property even for a short distance.
To prove a defendant is guilty of robbery, the prosecutor must show:
- Defendant took and carried away the personal property of another;
- The taking was accomplished by either force or fear;
- Defendant intended to deprive the owner of value or enjoyment of the property.
What are the Legal Defenses to Robbery?
Mistaken Identity
A substantial number of robbery cases rest solely on a purported victim or witnesses questionable identification of the perpetrator. This raises concerns especially if there’s no corroborating evidence to support the witnesses’ claim. Mistaken identification can be the product of several factors including, poor lighting, cross-racial identification, stress over the incident, memory recollection, and even improperly asking closed-ended questions.
Consent
Because robbery requires the taking, or attempt, of the property of another, it’s a defense if the owner of the property gave you consent. If the purported victim consented, then it arguably goes to negate the force or fear element for this crime.
Force or Fear
Statutorily, the slightest force will suffice as long as it’s not incidental to the underlying robbery charge. Additionally, if no force was used to effectuate the taking of the property, then you are overcharged. Furthermore, robbery ordinarily contains the element of fear, but it must be measured objectively. For instance, a comet will strike you if you don’t turn over the money – will not suffice because it’s unreasonable to believe that scenario.
Penalties for Robbery
Robbery is punishable by up to nine (9) years in state prison. As noted above, it’s a violent felony applied to California’s Three Strike laws. Consequently, any subsequent felony will result in a doubled sentence. If the use of a firearm was involved in carrying out the robbery, the prosecutor will allege a firearm enhancement carrying additional prison exposure.
Contact a Top Orange County Robbery Lawyer
The punishment associated with armed robbery is severe and could lead to a significant amount of state prison time. If you or a loved one has been charged with robbery, it is necessary that you contact an experienced Orange County criminal defense lawyer immediately.
Our office has successfully defended robbery cases in all Orange County Courthouses and has the knowledge and experience in defending robbery charges. Contact us to schedule a free and confidential case evaluation, or submit a contact request on our website.
Related Charges
- Burglary – Penal Code 459 PC
- Grand Theft – Penal Code 487 PC
- Petty Theft – Penal Code 484 PC
- Receipt of Stolen Property – Penal Code 496 PC
- Shoplifting – Penal Code 459.5 PC
