Los Angeles Robbery Lawyer
A robbery case has a chance of you going away to prison for a pretty long time.
Here in Los Angeles, California law has a broad definition for “robbery” and can include several things such as injuring someone while shoplifting.
Since robbery is considered a violent crime, being charged with robbery can have serious consequences.
You’re going to need a Los Angeles robbery lawyer to help build your case and keep you out of prison.
Hurwitz Law Group has a highly experienced and multi-awarded Los Angeles criminal defense attorney and a free consultation protected by an attorney-client relationship.
DEFINITION OF ROBBERY AS PER CALIFORNIA PENAL CODE SECTION 211
According to the California Penal Code section (PC) 211, the definition of a robbery is “the felonious taking of personal property in possession of another.” This possession can be on another’s person or in their immediate presence and is against their will.
Suppose you use any means of force or fear to take something from a person against their will. In that case, it will result in robbery charges that can potentially lead to a long time in prison. There are two degrees of robbery under Penal Code 212.5: first-degree and second-degree robbery.
- First-Degree Robbery. A first-degree robbery occurs when you take the possessions of any person driving a vehicle. It also includes passengers of any vehicle or person on their inhabited personal property. A first-degree can also be when you take the possessions of someone who has used an ATM or when they’re in proximity of an ATM.
- Second-Degree Robbery. All other types of robberies can be considered second-degree robbery.
WHAT CONSTITUTES A ROBBERY CRIME
Specific elements of a robbery crime need to be proven beyond reasonable doubt for you to be convicted of robbery in Los Angeles. Under California Penal Code section 211, they must prove that:
- You took someone else’s possessions.
- That possession was someone else’s.
- The possession you took was in their immediate presence.
- It was against their will, or you took it without their consent.
- You used force or made them fear for their wellbeing.
- You had the intent to take the possession away from the owner.
Getting convicted of a robbery offense in Los Angeles can have severe consequences like a long prison sentence. A Los Angeles criminal defense attorney from Hurwitz Law Group offers legal counsel and a free consultation to help keep you out of jail.
LEGAL PENALTIES FOR ROBBERY CRIMES IN LOS ANGELES, CA
A robbery is considered a violent felony in Los Angeles, CA. Being convicted of either first degree-robbery or second-degree robbery charges can have significant consequences. A criminal defense attorney can help you navigate these penalties and build defenses against your robbery charge.
The legal penalties you can face for a first-degree robbery charge are three, six, or nine years in jail, fines up to $10,000, and probation. For second-degree robbery charges, you can face two, three, or five years in jail, fines up to $10,000, and probation.
Suppose it was an armed robbery, and you are convicted of armed robbery charges. In that case, your penalties could be enhanced or be even more severe.
LEGAL DEFENSES AGAINST ROBBERY CRIME CHARGES
A robbery conviction can result in significant penalties that can change your whole life. A Los Angeles criminal defense lawyer can give you legal advice and help build your aggressive defense strategy to keep you out of prison. Here are some of the defenses our law firm can use:
- Lack of Force or Fear. If you took a person’s possession without hurting, injuring, or making them fear for their wellbeing, we can argue that you did not use force or fear, or there was a lack of force or fear for your robbery charge.
- Mistaken Identity. Cases of mistaken identity and false accusations are common because the alleged victim may not fully remember how the robbery occurred. Law enforcement will also do a lineup and have witnesses point out who did the robbery.
- Lack of evidence or proof. During robbery cases, the prosecution must prove that you are guilty beyond a reasonable doubt. They will struggle to build their case against you if they do not have sufficient evidence to back their claim.
There are a few more legal defense strategies that you can use to get your case dismissed. It is essential to get a criminal defense attorney to help you look through your legal options and ensure that you stay out of prison.
WHAT IS CALIFORNIA’S THREE-STRIKES LAW?
You should also get acquainted with California’s Three-Strikes Law when you’re being convicted of a robbery crime. It was codified under California Penal Code section 667, and it harshly punishes repeat offenders.
Once you’re already convicted of a felony, you will serve twice the time in your sentence if it’s your second conviction. If it’s your third conviction, your sentence can be enhanced to 25 years in jail or, possibly, a life sentence.
COLLATERAL CONSEQUENCES OF ROBBERY CONVICTION
When you face a robbery conviction, there can be quite a few collateral consequences that can change your life. This legal issue will affect your life and the lives of your family and loved ones.
Here are a few collateral consequences that you might face:
- Employment, Housing, and Education. Because a robbery is considered a violent crime, you may have trouble finding employment or a place to live. You may also encounter trouble getting into school or receiving financial aid.
- Immigration Status. After being convicted of a robbery crime, it may impact your immigration status or get you deported if you are undocumented.
- You can also lose your right to vote and own firearms.
ARE BURGLARY AND ROBBERY THE SAME?
Although burglary and robbery are somewhat related, they are defined differently in California’s Penal Code. Penal Code section 459 defines burglary as any person who enters a person’s property with the “intent to commit grand or petit larceny or any felony.”
Anyone entering a person’s property with the intent of grand theft is burglary. If you intend to use physical force or threaten a person with physical harm to take their possession, that is robbery.
HURWITZ LAW WILL PROTECT YOUR RIGHTS AND FREEDOM
Facing robbery charges can have serious, life-changing consequences. If you caused significant bodily injury to the alleged victim during an armed robbery, you could face life in prison. Our law firm understands the stress and anxiety that these charges can put on you, so you should choose Hurwitz Law Group because:
- Our lawyers have been part of the Super Lawyer Rising Star for four years in a row and counting since 2018.
- We have been named National Trial Lawyers since 2017 until the present day.
- We were selected as Super Lawyers in 2019.
- Awarded as the Best Criminal Defense Lawyers in 2020 by Expertise and many more.
Our experienced Los Angeles criminal defense attorneys have established a reputation in Los Angeles County for being honest and trustworthy lawyers. It has led us to change the lives of the people we have represented. Let us protect your life today with a free case evaluation to help keep you out of prison.
LOS ANGELES ROBBERY FAQs
Here are the most frequently asked questions about robberies in Los Angeles:
What is the punishment for robbery in California?
Under California law, taking someone else’s property by either force or fear is a violent felony. It carries the penalty of 3-9 years in state prison, up to $10,000 in fines, and probation.
What is the minimum sentence for armed robbery in California?
According to the California Penal Code, the minimum sentence for an armed robbery in California is 3-9 years. However, this sentence can be enhanced if you discharge a firearm and harm an individual during the armed robbery.
CONTACT AN EXPERIENCED LOS ANGELES ROBBERY ATTORNEY TODAY
Suppose you are being convicted of a robbery crime. In that case, you should contact an experienced criminal defense attorney as soon as possible. Hurwitz Law Group understands what you’re going through and can offer a free case evaluation to start building your defense to keep you out of jail.
You can contact us at (323) 287-9849, or you can visit our office at 6565 Sunset Blvd Suite 411, Hollywood, CA 90028, United States.