Hearing the word “robbery” generally brings up a mental image of a masked person holding a gun to someone’s head and demanding money or some valuable item. While this is undoubtedly robbery, the crime is defined far more broadly under California law and can include purse-snatching, shoving a security guard while shoplifting, and stealing the property of a drugged individual.
Robbery is considered a violent crime in California, and if you are charged with it, there is a chance you could be sentenced to a long prison term if convicted. As a result, if you have been charged with robbery in Los Angeles, you must immediately seek a San Diego robbery lawyer. When you partner with Bernal Law, Former Deputy District Attorney Pedro Bernal, Esq. will provide you with the experience and legal knowledge you need to protect your freedom.
Understanding California Penal Code Section 211
California Penal Code Section 211 defines the crime of robbery in the state of California. Penal Code Section 211 states:
“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.”
Therefore, key elements needed to convict a person of robbery include the following:
- Taking of Property: The act involves the unlawful taking of personal property that is in the possession of another person.
- From the Person or Immediate Presence: The property must be taken directly from the victim’s person (their body) or from an area in their immediate presence, such as their hand, pocket, or a bag they are holding.
- Against the Victim’s Will: The property is taken without the victim’s consent, and the victim does not willingly give it up.
Robbery also often involves the use of force, fear, or threats to intimidate or overpower the victim. Force or fear can be physical, verbal, or implied.
Potential Penalties for Robbery Crimes in San Diego, California
Robbery is classified as a felony in California, so the penalties for robbery can be severe and may include imprisonment in a California state prison. The potential sentence can vary based on factors such as the degree of the robbery and any prior criminal history. Aggravating factors, such as the use of a firearm during the commission of the offense, may also increase your sentence.
In California, robbery can be charged in different degrees based on certain factors, including whether a weapon was used and the severity of injuries to the victim. These degrees can lead to varying levels of penalties.
First-Degree Robbery
First-degree robbery crimes involve robberies that occur in a home or inhabited dwelling, or when the victim is a driver or passenger in a common carrier (e.g., a bus or taxi).
For a first-degree robbery, you could face up to nine years in prison, fines of up to $10,000, and probation.
Second-Degree Robbery
Second-degree robbery encompasses all other situations that do not meet the criteria for first-degree robbery. A second-degree robbery conviction can result in up to five years in prison, fines of up to $10,000, and probation.
How A Lawyer Can Help If You Have Been Accused of Robbery in San Diego
Facing a robbery charge can be overwhelming, stirring up fear, uncertainty, and countless questions about your future. During this time, having a skilled and dedicated San Diego robbery lawyer by your side can make all the difference. At Bernal Law, we can help you navigate the complexities of the legal system and fight for your rights by providing you with:
Proficiency in California Robbery Laws and Regulations
Robbery charges involve intricate legal details that can be difficult to navigate without proper understanding. San Diego robbery attorney Pedro Bernal, Esq. possesses in-depth knowledge of San Diego and California robbery laws, enabling him to identify potential weaknesses in the prosecution’s case and build a strong defense tailored to your circumstances.
Strategic Defense
Every case is unique, and our San Diego robbery lawyers understand that a one-size-fits-all approach won’t yield the best results. San Diego robbery attorney Bernal will work closely with you to understand your side of the story and to identify the most effective defense strategy. Whether that involves negotiating with prosecutors or taking your case to trial, we will determine the best course of action to pursue.
Protection of Your Rights
Our commitment to justice means safeguarding your rights throughout the legal process. We make sure you are treated fairly and that due process is upheld every step of the way. From interrogations to court appearances, our robbery lawyers in San Diego will be there to confirm that your rights are respected.
Negotiation and Litigation Skills
San Diego robbery attorney Bernal is a skilled negotiator who works with prosecutors to seek favorable outcomes, such as reduced charges or plea agreements. If a negotiated settlement is not possible, he is prepared to fight for you in the courtroom, presenting a compelling case to the judge and jury.
Reach Out to an Experienced Robbery Lawyer in San Diego
Whether you are facing charges of armed robbery, aggravated robbery, or any other form of robbery in San Diego or across California, Bernal Law has the expertise to construct a strong defense on your behalf.
We believe every case is unique, and our San Diego robbery lawyers treat each client with the individual attention they deserve. We take the time to listen to your side of the story, analyze the evidence, and develop a defense strategy that suits your circumstances. San Diego robbery attorney Bernal also speaks both Spanish and English. Contact us today for a confidential consultation. Call (619) 736-9092 or reach out to us online.