Robbery Criminal Defense Attorney
LONG BEACH ROBBERY DEFENSE LAWYER - PENAL CODE 211 PC
In California Penal Code Section 211, robbery is defined as illegally and willfully taking property from another person by means of force or fear. The value of the property does not affect whether it counts as robbery, though it will likely affect the sentencing. The force used can be nothing more than grabbing the object from the other person with one’s hand, and the fear involved may be nothing more than a simple verbal threat.
Robbery is a felony charge in California, and is punished very severely. It is also a “strike” under California’s Three Strikes Law, which means that those convicted of robbery will face punishment enhancements for any future crimes they may be convicted of.
Punishments for Robbery
In general, robbery is punishable by a maximum term of five years in the state prison system. However, if a weapon or firearm was used, or if the victim was injured during the robbery, the penalty will be significantly more severe.
Robbery can be charged as either first or second degree, depending on the location where the robbery took place. First degree robbery is that which occurs in one’s home, in a taxi to the cab driver, near an ATM, or during a carjacking operation. Robberies occurring anywhere else are considered second degree.
Besides a long prison term, those convicted of robbery will be forced to pay large court fines and to make full restitution to the victim. Furthermore, they will go through a parole or probationary period after they are released. They may also lose their driver’s license for life, loss the right to possess a firearm, and lose the right to vote.
The severity of the possible punishments for a robbery conviction make it crucial to obtain an excellent criminal defense attorney. David Givot is a seasoned professional with extensive experience in defending against robbery charges in Long Beach and southern California. He knows how best to handle each particular type of robbery case, and he will aggressively pursue your best interests.
Elements Involved in Robbery
There are a number of facts that must be proven before you can be convicted of an act of robbery. David Givot understands these necessary elements and can anticipate how police and prosecutors will likely put together their case against you. This is the key to quickly formulating the best possible defense.
The Judicial Council Jury Instructions for robbery require the People to prove all of the following elements before rendering a guilty verdict:
- The defendant did, in fact, take property not belonging to him/her
- The taken property was removed from the immediate possession and presence of another person
- The property was taken contrary to the victim’s will and wishes
- Fear or force was used by the defendant in the taking of the property in order to prevent the victim from resisting
- At the time of the taking, the defendant intended to deprive the owner of his/her property permanently or for an extensive period of time
Additional definitions of robbery that are frequently of importance in prosecuting or defending a case include:
- The intent to deprive the owner of his property must have been formed either prior to or during the actual taking of the property. Otherwise, no robbery occurred.
- A robbery involves both taking control, by whatever means, of property and then moving it at least a small distance. This does not, however, require that the robber be physically present or even nearby.
- It is not necessary for the robber to physically touch the property in order to “have possession” of it. A tool or the use of intimidation can effectively give him control. This fear can be of injury to oneself, to one’s family, or to the one’s property.
- If the taken property possessed some value, even though very slight, for it to be robbery.
- Taking property jointly owned by multiple persons is still robbery.
- When a retail store’s property is taken while an employee was in possession of it, a robbery has occurred.
Robbery Defense Services
If you or a loved one have been charged with robbery in Long Beach, Los Angeles,
Riverside, any part of Orange County, or within the whole of southern California, David Givot is a criminal defense lawyer who has handled cases like yours many times in the past. He has deep understanding of the specifics of California robbery law, of the local court system, and of what to expect from prosecutors. David Givot also has longstanding relationships with Long Beach law enforcement and other legal professionals, which will assist him in handling your case.
For further information about California robbery law or for a free legal consultation on the details of your case, do not hesitate to call the Law Office of David J. Givot at 888-293-0396 or locally at 310-699-0070.