Aggressive Defense Against Robbery Charges
Juveniles often horse around and take things from one another. Sometimes, this type of horseplay gets serious. For example, if your minor forcefully takes property from another minor, such as a skateboard, Ipod, or money, then your child can be facing a felony charge for robbery. A juvenile charged with robbery can be charged directly in adult court if the minor was over 16 years old at the time of the offense. Facing a felony robbery charge is an intimidating experience, and the minor should immediately consult with a San Mateo County robbery defense lawyer. This is because your minor may have a defense to the charge, such as, that he or she was just teasing the other minor and didn’t intend to deprive the other minor of the property permanently.
Adults can be charged with robbery as well. Regardless of whether an adult or a minor is facing a felony charge for robbery, the defendant needs a tough San Jose robbery defense attorney to protect his or her rights. This is because a robbery charge is a strike offense. Which means that if you’re convicted of robbery and you are subsequently convicted of any new felony offense, then you will be charged as a “second striker” and be subject to double the maximum punishment for the new felony offense.
What is Robbery in California?
Essentially robbery is the felonious taking of personal property of another from that individual’s person through force or fear. Robbery is divided into 2 degrees. Robbery in the first degree is generally classified by the taking of personal property from a person who is engaged in the transportation of others for hire, such as a taxicab driver, or a bus driver, or a track or railcar operator. Alternatively, robbery in the first degree can be accomplished by the taking of personal property from any of the passengers of these vehicles. Moreover, every robbery that occurs in an inhabited dwelling which is designed for habitation, such as a home, is robbery in the first degree. Lastly every robbery of any person using an ATM or in the immediate vicinity of an ATM is robbery in the first degree. All other kinds of robbery are robbery in the second degree.
What is the Punishment for Robbery in California?
Generally, robbery is punishable as follows. When a defendant acts in concert with two or more other persons and commits a robbery within an inhabited dwelling, or the inhabited portion of any other building, that defendant can face state prison for either three, six, or nine years. In all other types of first-degree robbery, the defendant faces either two, three, or five years in state prison. Robbery in the second degree is punishable by either two, three, or five years in the state prison. Attempted second-degree robbery is punishable by either 16 months, two years, or three years in state prison. If the defendant has no prior strike convictions, then he or she is eligible for probation, and if that defendant does receive probation, then that defendant can avoid time in state prison.
In order for the district attorney to prove that defendant committed a robbery the district attorney will need to prove the following five things:
- The defendant took property that was not his or her own;
- The property was taken from another person’s possession and immediate presence;
- The property was taken against that person’s will;
- The defendant use force or fear to take the property, or to prevent the person from resisting; and
- Whether the defendant used force or fear to take the property, he or she intended to deprive the owner of it permanently, or to remove it from the owner’s possession for such an extended period of time that the owner would be deprived of a major portion of the value or enjoyment of the property.
Importantly the defendant’s intent to take the property must’ve been formed before or during the time that he or she used force or fear. Fear means injury to the person himself or herself or injury to the person’s family or property or the immediate injury to someone else present during the incident or to that person’s property.
Also, the property taken could be of slight or minimal value. And, the defendant only needs to move the property for short distance in order for a robbery to occur.
The knowledgeable San Francisco robbery defense lawyers, at Ahmed & Sukaram, Attorneys at Law, may be able to help you alert the district attorney and the court to a defense in your case. Consequently, they may be able to have the charges against you dismissed or reduced. Contact Ahmed & Sukaram, Attorneys at Law, right away for a free consultation concerning your rights.