According to California Penal Code 211 PC, taking possession of another’s personal property from his person or immediate presence against his will, by force or fear is defined as robbery.
Robbery differs from other theft crimes because it uses force or fear to commit the crime and requires you to take property directly from someone else.
To get a conviction, the prosecution must prove that you took property that did not belong to you while it was in possession of another person. The prosecution must also prove if you took the property against the person’s will and used fear or intimidation to take the property.
The penalties for robbery in California are based on whether you’ve committed a first-degree robbery or second-degree robbery. This classification is based on the location where the robbery occurred and who the target victim is.
Based on these factors, you can be convicted of first-degree robbery if it occurred in an inhabited setting. The robbery is also termed first-degree if it’s committed against a driver for hire or public transportation.
Additionally, first-degree robbery is charged as a felony offense. That means a conviction can lead to a punishment of three, six, or nine years in state prison and a $10,000 fine.
As compared to first-degree robbery, second-degree robbery is considered a lesser crime, but it’s still charged as a felony. All other types of unclassified robberies come under second-degree robbery.
Penalties for second-degree robbery can include two, three, or five years in state prison with a fine of up to $10,000.
It can be nerve-breaking to be charged with robbery in San Diego. But we know what you must be going through, and that’s why we have the best robbery lawyer in San Diego to fight for your rights. Knowing the prosecution, we realize it’s not unlikely for some clients to face false accusations and mistaken identity. And that’s why we focus on building a solid defense. Our defensive strategies include evaluating the lack of intent and whether you are the property’s rightful owner. We also assess the chances of using fear and force while asking the prosecution to prove each element.
Furthermore, it can so happen that the evidence obtained against you was a result of violating your rights. If proven, we can request the court to obtain an outcome in your favor. That happens because the state does not have viable evidence to support its case. In turn, the prosecution is more likely to discuss a plea or dismiss the charges altogether.
Whether you’re charged with first-degree robbery or second-degree, immediate legal assistance is a must-have. Being convicted can alter your life in drastic ways. That’s why we recommend hiring a San Diego robbery attorney like Marc to protect your rights.
Call us today at The Office of Marc S. Kohnen to find out how we can help you.