To be guilty of robbery, the prosecution must prove that:
- you took property that was not your own
- the property was in the possession of another person
- the property was taken from the other person's immediate presence
- the property was taken against that person's will
- you used force or fear to take the property or prevent the person from resisting
- at the time you used force or fear, you intended to deprive the owner of the property permanently or for an extended period of time
Like any other theft, punishment is based on the degree of the robbery. Unlike the other theft crimes which distinguish the degree of the crime by the value of the property, the punishment for robbery is based on the circumstances and the particular facts of each case. Some examples of first degree robbery may include:
- Robbery that was committed in someone's residence
- Robbery of a person using an ATM or immediately after the person used the ATM
First degree is generally punishable by imprisonment in the state prison for 3 to 6 years. However, if you acted in concert with two or more people to commit the robbery, punishment may extend to 9 years. Second degree robbery is punishable by imprisonment in state prison for 2 to 5 years. An attempted robbery is also punishable by imprisonment in state prison.
A defense attorney has several defenses available to defend you against robbery charges. To be sure that all of the defenses are raised, it is vital that you contact Do & Associates to handle your case. We will thoroughly look into your case and aggressively penetrate all weaknesses in the prosecution's case against you.
DISCLAIMER: The information provided herein does not constitute legal representation or legal advice.