Experienced Robbery Attorney in Temecula
Fierce Defense Against Robbery Charges in California
At The Law Office of David E. Grande, we understand how frightening it can be to face criminal charges in California. Fortunately, our skilled robbery defense lawyer is dedicated to defending the rights of the accused in Temecula and beyond. With over 20 years of experience, our seasoned attorney is well-equipped to represent your best interests in criminal court.
If you’ve been arrested and charged with a robbery offense in California, it’s imperative to secure a trusted defense as soon as possible to avoid life-altering legal ramifications, including life in prison. Our firm can help guide your steps wisely throughout the criminal proceedings while fighting to drop or reduce the criminal charges against you.
After being charged with a crime, securing a strong defense is essential. Contact us online to consult with our skilled Temecula defense attorney.
Types of Robbery Offenses in California
Robbery is a serious criminal offense codified in California Penal Code § 211 PC. Under California law, robbery is defined as “the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.”
Robbery vs. Theft & Burglary
What are some defining characteristics of robbery compared to similar or related offenses, such as theft and burglary? Robbery is set apart from these offenses because it entails these distinct factors:
- Physically taking another person’s property while they are present; and
- Seizing the property by force or fear (such as threatening violence).
Robbery in the first degree is the most serious type of robbery offense under California law. Codified in § 212.5 PC, robbery offenses are committed in the first degree when at least one of the following items apply:
- The robbery occurred in an inhabited dwelling, boat, or trailer
- The robbery happens while or immediately after the victim uses an ATM
- The victim was a driver or passenger in a bus, taxi, streetcar, cable car, subway, or other transportation for hire
Penalties for first-degree robbery include a fine of $10,000 and 3-9 years in state prison.
Robbery in the second degree is the most serious type of robbery offense under California law. The penalties of a second-degree robbery conviction include 2-5 years in state prison and up to $10,000 in fines.
Determining the Severity of Robbery Offenses
It’s important to understand that, under California law, the severity of a given robbery offense is determined using the amount of victims involved, as opposed to the total value of items stolen.
Common Defenses Against Robbery Charges
How can the accused defend against robbery charges in criminal courts? Below are some common defenses against robbery allegations in California:
- Lack of intent: The defense may argue that the defendant did not have the intent to commit robbery. They may present evidence to show that the defendant had no knowledge or intention to take another person's property by force or fear.
- Mistaken identity: If the identification of the defendant as the perpetrator is in question, the defense may argue that the eyewitness testimony or other evidence is unreliable. They may present evidence showing that the witness had a limited view, there was a case of mistaken identity, or the identification procedure was flawed.
- Alibi: The defense may present evidence showing that the defendant was not at the scene of the robbery when it occurred. An alibi defense relies on providing witnesses or documentary evidence that supports the defendant's claim of being elsewhere at the time of the crime.
- Lack of force or fear: Robbery requires the use of force or fear to take property. The defense may argue that no force or fear was involved in the alleged robbery, presenting evidence that the taking of property was consensual or that there was no threat or coercion.
- Coerced confession: If the defendant's confession is a key piece of evidence, the defense may challenge its validity. They may argue that the confession was coerced or obtained through improper police tactics, such as physical or psychological pressure, rendering it involuntary.
- Lack of corroborating evidence: The defense may challenge the prosecution's evidence by showing a lack of corroborating evidence supporting the allegation of robbery. They may argue that the prosecution has insufficient evidence to prove the defendant's guilt beyond a reasonable doubt.
- Duress: In cases where the defendant committed the robbery under duress, the defense may argue that the defendant was compelled to commit the crime due to an immediate and credible threat of serious harm or death.
Aggressively Defending the Accused in California
No matter what, consulting with a trusted attorney is imperative after being charged with a crime. Regardless of the severity of the offense, a criminal conviction can lead to excessive jailtime, hefty fines, and even life in prison, making it all the more important to consult with an experienced criminal defense lawyer.
Fortunately, Attorney David E. Grande has decades of experience representing accused Californians in a variety of criminal cases, from sex crimes to DUI defense. Reach out to our office to learn how we can fight to restore your freedom in Temecula or the surrounding area.
Facing robbery charges in Temecula? Our experienced California lawyer can fiercely defend your rights. Call (951) 221-4331 to request a free consultation.
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