Robbery is a serious offense that requires an aggressive criminal defense attorney who will fight to defend your innocence. If you are facing robbery charges in California state court, Mary Frances Prévost is an experienced robbery defense lawyer who represents defendants facing robbery and other theft charges in San Diego and the surrounding areas. For a free and confidential consultation about your case, call (888) 909-7896.
California Penal Code § 211 defines robbery as follows:
Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
In order to convict you of robbery in California, the prosecutor must prove the existence of the following elements beyond a reasonable doubt:
There are many types of activities that could be considered robbery under California law. Examples of robbery under California law include, but are not limited to:
Under California Penal Code § 211, robbery is always a felony. However, California law recognizes two categories of robbery: first degree robbery and second degree robbery. The length of your sentence depends on the degree of robbery for which you are convicted.
First degree robbery charges are typically reserved for the most serious robbery offenses, including robberies of:
If you are convicted of first degree robbery in California, you could be sentenced to three to nine years in a California state prison.
Second degree robbery is any robbery that takes place under circumstances not described above. If you are convicted of second degree robbery in California, you could be sentenced to two to five years in California state prison.
It is important to understand that if you rob multiple people at once, you can convicted of and punished for multiple counts of robbery. This is true even if you only took one item; for example, if you used threats or force to take a car jointly owned and occupied by two passengers (like a husband and wife).
California law provides for a number of sentencing enhancements for robbery convictions, meaning that you can have significant prison time added to your sentence if the robbery was committed under certain circumstances. These sentencing enhancements include, but are not limited to: multiple strikes under California’s three-strikes law, gang activity in connection with the robbery, or the use of a dangerous weapon during the commission of the robbery.
There are many legal defenses to robbery under California law. The information in this section is not a substitute for legal advice, and only a robbery defense lawyer can tell you what defenses are available in your case. Defenses to robbery charges in California include, but are not limited to:
Prosecutors and courts take robbery very seriously. If you are convicted of robbery in California, you could be facing signifiant prison time. Mary Frances Prévost is an experienced California robbery defense lawyer who is dedicated to providing zealous representation to her clients in San Diego and the surrounding areas. To discuss your case, call (888) 909-7896.
Do not leave your freedom to chance. Contact the Law Offices of Mary Frances Prévost today.