Are you facing Robbery charges in Los Angeles?

Pursuant to California Penal Code Section 211, robbery is always charged as a felony, and is defined as “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”.

It is important to note that a lesser charge, like misdemeanor petty theft, can become a robbery if you use force or fear to accomplish taking the item.

Robbery charges are very serious, and an arrest alone can have devastating consequences. If you are facing robbery charges in Los Angeles, or the surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134.

Los Angeles Criminal Defense Lawyer Miles Booth

How does the prosecution prove that I am guilty of robbery?

To be found guilty of robbery under California Penal Code Section 211 the prosecutor must prove that you;

• Took someone else’s property;
• The property was in the possession of another person;
• The property was taken from that person, or their immediate presence;
• The property was taken against that person’s will;
• You used force or fear to take the property, or prevent the other person from resisting, AND
• When you used force or fear, you intended to deprive the owner of the property permanently, or long enough to deprive the owner of a major portion of the value or enjoyment of the property

Lets take a closer look at how the court defines these elements;

Value of the Item

It does not matter how expensive the item is for you to be found guilty of robbery.

Taking Someones Property

Taking someones property means moving it some distance, even if it is a very short distance. For example, if you run just 10 feet away and decide to throw the item in the bushes you are still guilty of robbery.

Immediate presence

Immediate presence means that the other party could keep possession of the item if they were not prevented by force or fear.

Force

Force means using violence. For example, pushing someone to the ground or punching them.

Fear

Fear means the threat of violence. For example, pulling a knife on someone or telling them you will punch them if they do not hand over their phone.

First Degree Robbery

Pursuant to California Penal Code section 212.5, robbery is divided into first and second degree. To be found guilty of first degree robbery the prosecutor must also prove that the victim;

• Was a driver or passenger on a bus, taxi, streetcar, subway, cable car, etc.,
• Was in an inhabited structure, or
• Had just used an ATM and was still near the ATM

How can I defend myself against a robbery charge?

Facing robbery charges is scary. Your freedom is at stake, and you do not want to fight these charges alone. There are viable defenses that could get your case dismissed. Some of the most common legal defenses to a robbery charge are that;

• You did not use force or fear to take the property
• You were misidentified
• You were falsely accused
• You honestly believed that you had a right to the property

Just because you have been accused of robbery does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth to discuss how to best defend your case.

What are the Penalties for a robbery conviction?

The penalties for a robbery conviction depend on whether or not you are charged with first degree robbery, or second degree robbery.

First Degree Robbery

A first degree robbery conviction is punishable by;

• Felony probation, or
• 3, 4, or 6 years in prison, and/or
• A fine of up to $10,000

However, if you commit a robbery in an inhabited building, with two or more people, the maximum punishment increases to 9 years in state prison.

Second Degree Robbery

Second degree robbery is any robbery that does not meet the definition of first degree robbery. A second degree robbery conviction is punishable by;

• Felony probation, or
• 2 , 3, or 5 years in prison, and/or
• A fine of up to $10,000

Why am I charged with multiple counts of Robbery?

Robbery counts are determined by the number of people that you apply force or fear to. This means that if you pull a gun on two people, and only take one item, you may be charged with two counts of robbery. However, if you pull a gun on one person and take two items, you will be charged with one count of robbery.

What are sentencing enhancements for a robbery in California?

In addition to the penalties discussed above there are a number of sentencing enhancements that can substantially increase the amount of prison time that you face. These include, but are not limited to;

Using a Firearm

California’s “10-20-life” sentencing enhancement under Penal Code 12022.53 lays out very harsh penalties for defendant’s who use a firearm in the commission of a felony.

Specifically, you will face;

• An additional 10 years in prison if you use a firearm during a robbery;
• An additional 20 years in prison if you intentionally fire a gun during a robbery; and
• 25 year to life if you cause serious bodily injury, or death using a firearm in a robbery

Great Bodily Injury

Pursuant to Penal Code 12022.7, California’s great bodily injury enhancement, if you cause serious bodily injury to another party while committing a robbery you will face an additional 3 to 6 years in state prison. Great bodily injury is defined as substantial or significant injury.

California’s 3 Strikes Law

Robbery is considered a “violent felony” and a strike offense under California’s “three strikes” law. This means that if you have a robbery conviction on your record, and are subsequently convicted of any other felony your sentence will be twice the term it would have been otherwise. You will also be required to serve at least 85% of your sentence on the initial robbery conviction.

California’s Felony Murder Rule

If, while committing a Robbery, you or one of your accomplice’s kills another person, even on accident, you will be charged with first degree murder. This applies even if the victim has a heart attack and dies during the robbery.

Contact Los Angeles Criminal defense attorney miles booth

Facing robbery charges can be frightening. Charges alone can have far-reaching consequences. Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy.It is foolish to fight these cases alone. It is important to have a skilled Los Angeles criminal defense attorney by your side.

As a former prosecutor, Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. He has handled thousands of cases throughout Los Angeles County and will aggressively defend you to get the best outcome possible.

To learn more about your options going forward, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.