Are you facing prison time in California for a robbery? If that’s the case, the first thing you should do is engage an experienced defense attorney. California’s Three Strikes Law, which enhances punishments for serious felony acts like robbery, is probably familiar to you.
If you’re convicted of this offense and have previous strikes on your record, you could face a sentence of up to 25 years in prison or life in prison. With the appropriate legal strategy, you can challenge a robbery conviction and avoid the terrible repercussions of a felony strike. Let’s go over the California definition of robbery and the most effective robbery defenses, then contact Simmons Wagner, LLP at (949) 439-5857 to request a consultation.
To convict you, the prosecution must prove the following
These factors are crucial to your defense, thus it’s crucial that you grasp them. For a robbery conviction, the prosecution must prove that you are guilty of all factors, which include the following:
You snatched someone’s belongings, the property was in the other person’s “possession or immediate presence” when you took it, you took someone’s property without their permission or against their will, o keep them from protesting, you utilized force or instilled terror in them, and you meant to keep the property permanently or deprive the owner the bulk of its worth or enjoyment.
Potential punishments for a robbery conviction
Robbery is punishable severely in California. A first-degree robbery conviction carries a sentence of 3 to 6 years in state prison, while a second-degree conviction has a sentence of 2 to 5 years. In addition, if you harm someone, use a firearm, or have previous strikes, the court may increase your sentence. When you include sentencing increases and the Three Strikes Law, your robbery sentence could soon pile up. You don’t want to be imprisoned for a long time. For a free consultation, give us a call now.
Effective defense strategies to fight robbery charges
It’s critical to fight the above aspects if you want to beat a robbery charge, which is why you’ll need the assistance of an experienced robbery attorney in California. Our legal team can conduct an investigation into your case and develop a sound strategy for you.
For example, your roommate accuses you of threatening him and stealing money from his wallet. However, he was inebriated at the time of the alleged crime, and while you took his money, you never threatened or used violence against him. In this instance, we will most likely be able to reduce your charges to theft, which carries fewer consequences.
Let’s pretend that the cash in your roommate’s wallet was his share of the rent. You stole the money and paid the bills while he was inebriated. We may claim that you had a right to the property because you owed rent and didn’t use fear or force to get it. Because the prosecution must establish you took property that wasn’t yours, the court may dismiss your charges if you are successful.
Consider the following scenario: your friend accuses you of robbery the next day, despite the fact that you did not steal the money. Perhaps he was perplexed because he had consumed too much alcohol. We’d argue that someone else robbed him at your trial, and your lawyer would provide proof of his bewilderment during cross-examination. We may also supply you with witnesses as alibis.
People sometimes fabricate robbery and other crimes in order to exact retribution. For example, if your roommate is upset with you because you moved out, he or she may submit a fake claim with the California police. We could uncover evidence of his deception by looking at texts, emails, and witness testimony. Of course, if we can persuade the court, the robbery accusations will be withdrawn, and he’ll most likely face charges under PC 148.5 for filing a false report.
Contact Simmons Wagner, LLP at (949) 439-5857 now to request a free legal consultation.