Second-degree robbery in California is taking another person’s property from their person or immediate presence, using fear to take it against their will. Any robbery charge that is not considered a first-degree offense is considered second-degree. First-degree offenses include taking property from the driver of a vehicle, the passenger of a vehicle, an inhabited home or other swelling, or a person who is using or has used an ATM. Second-degree robbery is charged as a felony.
San Diego Robbery Lawyer
Robbery is the crime of taking someone’s personal property from their person or presence through the use of threat, fear, or force. If you have been arrested for a robbery offense, a San Diego robbery lawyer is necessary to protect your rights and help you avoid the most severe penalties of the charge. Conviction of a robbery offense can result in prison time, fines, a criminal record, probation, and a strike under the state’s serious and violent felony law.
Lee Law Group: Criminal Defense in San Diego
The attorneys with Lee Law Group can provide you with comprehensive and personalized defense if you have been charged with robbery. With more than 20 combined years of legal experience, we understand the defenses that apply to your case and have the resources to craft them effectively. We can diligently investigate your charges and arrest to determine a strong and factual defense that is most likely to prevent conviction or serious penalties.
Our team understands the emotional strain and stress of being arrested and charged with a serious crime. We can fight for you throughout the legal process, giving you essential support.
Robbery Offenses in San Diego
Robbery requires criminal intent and taking another’s personal property against their will through force. There are two degrees of robbery, and you can also be charged for attempted robbery.
First-degree robbery occurs in the following cases:
- Robbery is committed against a person operating a vehicle, including vehicles that are on rails or a track.
- It is committed against a passenger of any of the same vehicles.
- It is committed in an inhabited home, vessel, trailer coach, floating home, vessel designed for habitation, or any portion of a building used for habitation.
- It is committed against someone who is using an ATM or after they have used an ATM and are within its vicinity.
Second-degree robbery is defined as any other form of robbery not considered first-degree. It is less serious than first-degree robbery but still has all the negative consequences of a felony conviction.
Robbery is a violent crime that nearly always counts under the Three Strikes Law. This is due to the use of fear or violent actions against the victim of the crime. Robbery can only be charged if the victim was present. If the victim is not present, the crime is likely a theft or burglary offense instead, which could be charged as a misdemeanor and may not count under the Three Strikes Law.
Defining the Use of Force or Fear
One of the elements needed to prove a robbery charge is the use of fear or force in the commission of the crime. Force occurs when there is fear of death or serious bodily injury from the defendant’s actions. Fear is defined as:
- Fear of unlawful harm to the person, their relatives, or their property
- Fear of immediate and unlawful harm to anyone in the person’s company or their property at the time of robbery
If there was no use of force and no implied fear, the prosecution may be unable to prove this essential element of robbery.
Aggravating Factors in Robbery Offenses
Aggravating factors are circumstances that make the crime and subsequent penalty more severe. Some of those factors in robbery offenses include:
- The use of a gun or firearm
- Inflicting a serious bodily injury
- Causing death
- Taking place in a residential home
- Taking place in a school
- Working with accomplices
These aggravating factors can also make a criminal defense more complicated.
What Penalties Are Possible for a Robbery Conviction?
Penalties for robbery rely on the degree of the offense and other aggravating factors. They include fines, prison time, and probation. Restitution may also be ordered by the court to repay the victim of the offense for financial losses that occurred due to the crime. Repeat robbery offenses can have additional prison time added as three-strikes crimes. Other aggravating or mitigating factors can affect the severity of the penalties you might face for a robbery conviction.
First-degree robbery, if it occurs in a residential location with three or more offenders, is punishable by three, six, or nine years in prison. In any other case of first-degree robbery, it is punishable by three, four, or six years in prison. Second-degree robbery is punishable by two, three, or five years in prison. Attempted robbery is also punishable with time in prison.
Because these offenses are felonies, they come with other consequences of a felony conviction, such as an effect on your immigration status or the loss of your right to possess a firearm. For first- and second-degree robbery charges, probation may be a possible alternate sentence to most or all of a prison sentence. To obtain alternate sentencing, it’s essential to talk through your legal options with your defense attorney.
Collateral Consequences of Having a Criminal Record
Conviction of any criminal offense results in a criminal record. Criminal records show up in background checks, such as those conducted by employers or landlords. This can harm many future opportunities, sometimes for the rest of your life. Criminal records can limit some of the following opportunities:
- Acceptance to higher education
- Access to rental housing
- Eligibility for certain types of housing assistance
- Offerings for job opportunities
- Eligibility for specific fields of employment
- Eligibility for loan acceptance or financial aid
- Loss of professional licenses
- Not obtaining custody of your children
To avoid these severe and long-lasting consequences on your life, you need to work with a talented attorney after a robbery charge or arrest. This provides you with the greatest opportunity to limit the significance of your penalties or even avoid conviction in some cases.
Criminal Offenses Related to Robbery
Carjacking is the crime of taking a motor vehicle from another person, either from the person themselves or the presence of the owner or a passenger. This is done against the owner’s will through the use of fear or force and with criminal intent to deprive them of the vehicle. It is similar to robbery in execution, although it is specific to the temporary or permanent theft of a motor vehicle.
Carjacking is punishable by three, five, or nine years in prison. If you committed a carjacking offense, that does not prevent you from also being charged with robbery if you also took other property. However, you cannot be charged with both crimes for the same act.
Possible Defenses for Robbery Charges
Some common defenses against robber charges may include:
- Mistake of ownership of the property
- The property was rightfully yours,
- You did not use fear or force.
- You did not intend to permanently deprive the person of the property.
- You did not take the property.
- Mistake of identity
- Consent of the alleged victim
- Police misconduct and/or constitutional rights violations
- You committed the crime under duress or coercion.
- There is insufficient evidence to convict you.
What defense is applicable to your situation will depend on the facts of your case and the circumstances of your arrest.
FAQs:
What Is the Sentence for First-Degree Robbery in California?
The sentence for first-degree robbery in California is three, four, or six years in prison. However, this sentence increases to three, six, or nine years if the first-degree robbery occurred under both of the following circumstances:
- Voluntarily acting alongside two or more others
- The robbery occurs in a house, vessel, floating home, trailer coach, or other building designed for inhabitants
First-degree robbery is always a serious and violent felony. It’s essential that you have a strong legal defense.
What Is a Strong-Arm Robbery in California?
A strong-arm robbery in California occurs without the use of firearms or force, and it is charged as second-degree robbery. The most basic charge of robbery is defined as using fear or force to take personal property from another. The term “strong-arm robbery” is not explicitly used in California state law. Robbery becomes first-degree if there are aggravating factors, like the robbery occurring in someone’s home.
Is Robbery a Wobbler in California?
No, robbery is not a wobbler in California because it is always charged as a felony, even without any aggravating factors. Wobblers are crimes that may be either misdemeanors or felonies, depending on the circumstances. Both second-degree and first-degree robbery result in years in prison.
It is almost always considered a serious and violent felony due to the use of fear and force on the victim. Robbery is, therefore, usually a strike under the state’s Three Strikes Law, which provides higher penalties for second and third strikes.
Finding an Effective Robbery Defense Attorney in California
When you need an effective, strong legal advocate, contact Lee Law Group. We can take immediate action and a focused approach to determine the strongest defense for your robbery charges.
