The crime of robbery, under California law, involves taking another's property by force or fear. Robbery is a felony in California, which is punishable by up to nine years in state prison. A defendant can face additional charges if weapons are involved or if the victim has suffered "great bodily injury." When several incidents of robbery are involved, the defendant, if convicted, could even face the rest of his or her life in prison. Robbery is also a "strike" under California's "Three Strike Law" raising the stakes further. If you are facing robbery charges, you need a skilled and experienced Santa Clarita criminal defense lawyer on your side, who will vigorously fight the charges and protect your rights.
California Penal Code 211
According to California Penal Code 211: "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."
Fear is defined by the law as:
- The fear of injury to the person who is robbed or of any relative or member of his or her family or
- The fear of injury or harm to the person who is in the company of the victim at the time of the robbery.
What Are Common Defenses for Robbery?
Some of the common legal defenses used in robbery involve intent. For example, if the defendant did not intend to take the property, but only used force or dear for some other purpose, the defendant cannot be found guilty of robbery. Similarly, if the property is taken accidentally or inadvertently, the defendant is not guilty of robbery. Also, if you take someone's property but do so without using force or death, it is not robbery. In addition, if you take property from someone that rightfully belongs to you, it is not robbery.
There is the potential in robbery cases for mistaken identity because of the use of surveillance cameras to apprehend the alleged offenders. Grainy video or in some cases, a freaky resemblance, may lead to false charges. In some cases, victims or witnesses may misidentify the suspect, which could also lead to false charges.
Call Attorney Dan Kann Today
There are several complex elements in a robbery case and the stakes are extremely high. This is why you need an experienced Santa Clarita criminal defense lawyer like Daniel E. Kann on your side if you have been charged with robbery. Our skilled team will be able to conduct an independent investigation and ensure that your side is heard. Please contact us today to schedule your free and comprehensive consultation.