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San Diego Robbery Defense Lawyer

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.

What is Robbery under California Law?

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:

  • You took property that did not belong to you,
  • From another person’s possession or immediate presence,
  • Against that person’s will,
  • Using force or threats, and
  • The person was significantly deprived of the value of, or his or her enjoyment of, the property.

Examples of Robbery under California Law

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:

  • Slipping drugs into someone’s drink at a bar and taking that person’s property once he or she is unconscious;
  • Breaking into someone’s house and taking that person’s property after a physical struggle;
  • Taking items from a store after threatening the clerk with a weapon;
  • Slipping a threatening note to a bank teller demanding money, then taking the money; and
  • Stealing an item left behind in a public space and beating up a witness who tries to stop you.

Penalties for Robbery under California Law

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.

Penalties for First Degree Robbery in California

First degree robbery charges are typically reserved for the most serious robbery offenses, including robberies of:

  • Inhabited homes, apartments, or other living spaces;
  • Drivers or passengers of commercial vehicles;
  • People who are using or have just finished using an automated teller machine (ATM).

If you are convicted of first degree robbery in California, you could be sentenced to three to nine years in a California state prison.

Penalties for Second Degree Robbery in California

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.

Penalties for Robberies Involving Multiple Victims

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).

Sentencing Enhancements for Robbery under California Law

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.

Defenses to Robbery under California Law

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:

  • Fourth Amendment violations render evidence inadmissible;
  • Fifth Amendment violations render evidence inadmissible;
  • You didn’t intend to take the property;
  • You didn’t use force or cause fear;
  • You were mistakenly identified by witnesses;
  • You owned the property you were accused of taking; and/or
  • You were falsely accused of robbery.

San Diego Robbery Defense Attorney

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.

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