If arrested and charged with robbery in California, how you fight your case in criminal court is really going to matter. This is an offense that courts do not take lightly. Do not let an alleged act of thievery rob you of your future. Getting the right help for your situation may go far in protecting your future.
The simple definition of robbery is forcing someone to give up personal property through terrorization or violence. As with any criminal case, there are certain elements that prosecuting attorneys have to establish in order to achieve convictions on robbery charges. What are these elements? What are the consequences of a conviction? How can I defend myself?
Elements needed in a robbery case for conviction
There are four different elements that prosecuting attorneys have the burden of establishing. The first and second are that you caused the victim to fear for his or her personal safety and used force or intimidation. The third is that you took property in the victim’s immediate possession. Finally, the fourth is that you fled or attempted to flee with the stolen property.
There are various consequences tied to robbery charges. The details of the alleged incident will come into play when determining what type of charges prosecutors file and what penalties are possible. Consequences associated with robbery convictions are as follows:
- Robbery, first degree, punishable up to six years in prison
- Robbery in home or inhabited dwelling, first degree, punishable up to nine years in prison
- Robbery, second degree, punishable up to five years in prison
State laws could change at any time, meaning that these penalties may not always be the same.
When facing a robbery charge, it may seem easier to sit back and take the punishment the court is ready to hand you. You do not have to do this, though, because your future is on the line, and that is something which is always worth a fight.
There are several defense options that can work in robbery cases — such as age, duress, mistake of fact, no intent and claim of right, among others. If you are not sure the best way to proceed, legal counsel can review your case and help you pursue a course of action that will best serve your current and future interests.