Robbery
Defense Attorney for Robbery Charges
Aggressive Defense for Robbery Charges in California
Robbery is a serious criminal offense in California. It is defined as the act of taking someone else’s property from their person or immediate presence using force or fear. The crime of robbery is a felony and is punishable by imprisonment in state prison for three, four, or six years. If the robbery was committed in an inhabited dwelling, a carjacking, or a bank robbery, the penalties are even more severe.
At Visco Criminal Defense, defense lawyer Josh Visco has over two decades of experience. I have successfully defended clients against all types of theft and robbery charges. I am committed to providing the aggressive and effective defense you need to fight your charges.
Call (714) 824-4473 or contact me online to schedule a free consultation
What Is the Difference Between Robbery and Theft?
Robbery is a type of theft crime. However, it is different from other types of theft because it involves the use of force or fear. In order to be convicted of robbery, the prosecution must prove that you used force or fear to take someone else’s property.
- Force is defined as physical force used to take the property. This can include hitting, pushing, or otherwise physically assaulting the victim.
- Fear is defined as the threat of force. This can include threatening to hurt the victim or threatening to use a weapon. The victim must have a reasonable fear of immediate harm in order for the crime to be considered a robbery.
If you took someone else’s property without using force or fear, you may still be charged with theft. Theft is a less serious crime than robbery and is a wobbler offense in California. This means that it can be charged as either a misdemeanor or a felony, depending on the value of the property that was stolen and your criminal history.
What Are the Penalties for Robbery in California?
Robbery is a felony in California. The penalties for a robbery conviction depend on the specific circumstances of the crime.
First-Degree Robbery
First-degree robbery is the most serious type of robbery. It is punishable by imprisonment in state prison for three, four, or six years. If the robbery was committed against a driver or passenger of a bus, taxi, streetcar, cable car, or other type of public transportation, the penalties are increased to imprisonment for three, six, or nine years. If the robbery was committed against a person who was using an ATM, the penalties are increased to imprisonment for three, six, or nine years.
Second-Degree Robbery
Second-degree robbery is a less serious type of robbery. It is punishable by imprisonment in state prison for two, three, or five years. If the robbery was committed against a driver or passenger of a bus, taxi, streetcar, cable car, or other type of public transportation, the penalties are increased to imprisonment for two, four, or five years. If the robbery was committed against a person who was using an ATM, the penalties are increased to imprisonment for two, five, or seven years.
Robbery of an Inhabited Dwelling
Robbery of an inhabited dwelling is a more serious type of robbery. It is punishable by imprisonment in state prison for three, six, or nine years.
Carjacking
Carjacking is a more serious type of robbery. It is punishable by imprisonment in state prison for three, five, or nine years. If the carjacking was committed against a driver or passenger of a bus, taxi, streetcar, cable car, or other type of public transportation, the penalties are increased to imprisonment for three, six, or nine years. If the carjacking was committed against a person who was using an ATM, the penalties are increased to imprisonment for three, six, or nine years.
Bank Robbery
Bank robbery is a more serious type of robbery. It is punishable by imprisonment in state prison for three, four, or six years. If the bank robbery was committed against a driver or passenger of a bus, taxi, streetcar, cable car, or other type of public transportation, the penalties are increased to imprisonment for three, six, or nine years. If the bank robbery was committed against a person who was using an ATM, the penalties are increased to imprisonment for three, six, or nine years.
What Are the Defenses to Robbery Charges?
There are several defenses that can be used to fight robbery charges in California. The best defense strategy will depend on the specific circumstances of the case. My experienced robbery defense attorney in Tustin can help you determine the best defense strategy for your case.
False Accusations
Robbery charges are often based on the testimony of the alleged victim. However, the alleged victim may have a reason to lie or may have misidentified the suspect. My attorney can investigate the case and gather evidence to prove that the alleged victim is not credible.
Insufficient Evidence
The prosecution has the burden of proving that you are guilty of robbery beyond a reasonable doubt. If there is not enough evidence to meet this burden, you cannot be convicted of robbery. My attorney can review the evidence in your case and determine if there are any weaknesses in the prosecution’s case.
Consent
In order to be convicted of robbery, the prosecution must prove that you took someone else’s property without their consent. If the alleged victim consented to you taking their property, you cannot be convicted of robbery. My attorney can gather evidence to prove that the alleged victim consented to you taking their property.
Intoxication
Robbery is an intentional crime. If you were intoxicated at the time of the robbery and did not have the intent to commit the crime, you cannot be convicted of robbery. My attorney can gather evidence to prove that you were intoxicated at the time of the robbery.
How Can a Robbery Conviction Affect My Life?
A robbery conviction can have serious consequences that can affect your life for many years to come. In addition to the criminal penalties, a robbery conviction can also have a negative impact on your personal and professional life.
Employment
Most employers conduct background checks on job applicants. A robbery conviction on your criminal record can make it difficult to find a job. Employers are often hesitant to hire someone who has been convicted of a violent crime.
Housing
Most landlords conduct background checks on prospective tenants. A robbery conviction on your criminal record can make it difficult to find a place to live. Landlords are often hesitant to rent to someone who has been convicted of a violent crime.
Firearms
A robbery conviction can result in the loss of your right to own or possess a firearm. It is a federal crime for someone who has been convicted of a felony to own or possess a firearm. If you are convicted of robbery, you will be prohibited from owning or possessing a firearm for the rest of your life.
Immigration
A robbery conviction can have serious consequences for non-citizens. If you are not a U.S. citizen, a robbery conviction can result in deportation. It can also make it difficult to obtain U.S. citizenship or a green card.
Why Do I Need a Robbery Defense Lawyer?
If you have been charged with robbery, you need to hire an experienced robbery defense lawyer as soon as possible. A conviction for robbery can result in a lengthy prison sentence and other serious consequences. Defense attorney Josh Visco can help you fight your charges and protect your rights.
I can help you by:
- Investigating the case and gathering evidence to prove your innocence
- Reviewing the evidence in your case and determining if it was obtained illegally
- Challenging the credibility of the alleged victim
- Negotiating with the prosecution to get your charges reduced or dismissed
- Representing you at trial and presenting a strong defense on your behalf
Get the Aggressive Defense You Need
If you have been charged with robbery, you need to hire an experienced robbery defense lawyer as soon as possible. At Visco Criminal Defense, I have a long track record of success and know what it takes to win in the courtroom. I will aggressively defend you against your charges and work tirelessly to get the best possible outcome in your case.
Call (714) 824-4473 or contact me online to schedule a free consultation
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