Our robbery lawyer in Encinitas, CA, knows that robbery is a serious crime in the state. If the court convicts the accused of a robbery, they will spend six years in a state prison. In addition, you will need to pay a lot of fines as well. Therefore, you must immediately contact a skilled lawyer if someone, including the State of California, is charging you with a robbery.
Our lawyers have more than four decades of experience in defending clients. The legal minds will navigate you through the challenges in a very familial manner. They will look after your public reputation. Also, the lawyers will ensure the accusations do not adversely impact you personally or professionally. Continue reading about the different robbery laws to increase your knowledge.
How does the California Law define robbery?
The California Penal Code 211 defines robbery as someone taking away property from their legal owner. The act is performed with force against the will of the owner. The malicious individual completes the action using force or fear.
The Penal Code Section 211 divides robbery into two categories. However, the final decision is made after the court studies the circumstances involving the offense. First-degree robbery occurs if one of the three circumstances is present.
- Firstly, the victim is a driver or a passenger in the vehicle.
- Secondly, the robbery took place in a house or a flat.
- Lastly, the victim had walked out or was using an ATM.
If the court convicts of a first-degree robbery, you are sent to the state prison for three, six, or nine years. If the conviction is not first-degree, the court may charge the crime as a second-degree punishment. You will spend two, three, or five years in a state prison.
Moreover, the judge will send an individual who the court has convicted of first or second-degree murder to probation. The sentence carries no time in jail. In addition, the convicted will spend one year in county jail. First and second-degree robberies can result in further penalties according to California’s three-strike law.
Using fear or force
You will need assistance from our robbery lawyer in Encinitas, CA, against the prosecution. They will argue that the defendant applied fear or force to take away the property from the victim. Moreover, the prosecution must also prove that the accused used fear or force.
Using force will leave a physical proof, such as scratches. The court will also analyze the use of weapons. On the other hand, the prosecution will argue that the defendant instilled fear into the victim’s behavior. As a result, the accused was able to perform the crime.
Immediate Presence
In addition, the prosecution will also need to prove that the accused immediately took away the property from the victim while they were present. The law calls it immediate presence, and our robbery lawyer in Encinitas, CA, is very experienced in it.
The term defines the area where the victim lost physical control of the subject matter. However, force or fear was not present. Immediate presence is a complicated argument and may require you to hire a lawyer with sufficient experience. Otherwise, the legal complications will increase.
An armed robbery
The California 10-20 life gun laws give the authority to the judge to enhance the sentencing elements according to the circumstances. If you are convicted of performing a robbery while using firearms, the judge will add the following penalties. Therefore, contact our robbery lawyer in Encinitas, CA, for excellent support.
- Firstly, the judge may order ten years of using a gun during a robbery.
- Secondly, the judge may order 20 years for using a firearm while performing a robbery,
- Lastly, the court will impose an additional 25 years of life sentence if the firearm discharge caused injury or death.
Estes Robbery
The court will charge a defendant with robbery in circumstances where they have shoplifted from a store. The accused used force or fear against the shop employees. Consequently, they were able to rob the store and steal the items. Meanwhile, the robbers were not caught.
People v. Estes introduced the concept of Estes Robbery. The defendant was able to steal a coat from the retail store successfully. They took out a knife to scare the security guard who was trying to control the situation.
Estes Robbery does not apply if the accused is unable to steal the merchandise from the store. If the defendant uses other motives to steal from a shop, the court will argue the relevance of Estes Robbery.
Which defenses will our robbery lawyer in Encinitas, CA, use?
Our robbery lawyer in Encinitas, CA, will use a variety of strategies to reach a favorable outcome. They will argue on your behalf. Take a look!
- The lawyer will prove you did not take away the property from the legal owner.
- Secondly, their client had the legal right to the property. The prosecution’s side will claim otherwise.
- In addition, the client did not use fear to steal the property.
- Lastly, the accused did not have the intent to steal the property for perpetual use.
Multiple Counts of Robbery
The robbery lawyer in Encinitas, CA, understands the concept of multiple counts of robbery. The court may apply the circumstances in the following two situations.
- The events involved more than one robbery.
- On the other hand, the accused has committed the robbery crime a few times previously as well.
You can contact our team of legal experts for a consultation to understand the procedure better.
Contact our expert robbery lawyer in Encinitas, CA, today
Suppose you are facing accusations under the California Penal Code 211. In that case, you can meet with our robbery lawyer in Encinitas, CA, for an initial consultation. Their experience will prove helpful in your case. You can read client testimonies and references to understand better our way of working.
We have offices throughout the Sunny State of California. Rest assured, there are experienced robbery lawyers in Encinitas, CA, near you whenever you need us. No matter where you work or live, we are here to prove your innocent in public court.