Los Angeles Robbery Lawyer

Robbery is a very serious crime under California Law (See Penal Code 211), and covers a wide range of offenses, with very serious consequences.  Robbery is the taking of property from another person by force or threat of force/violence.  The level of force or the severity of the threat can vary wildly in Robbery cases.  Robberies are often charged with a relatively minimal amount of force.  Still, Robbery is always a felony, always a strike, and is aggressively prosecuted and harshly punished.  Anyone facing Robbery charges has a strong likelihood of ending up in California State Prison, but aggravated crimes, involving weapons, gang allegations, strike enhancements, kidnapping, carjacking and more can lead to very long sentences, including possible life sentences.  If you or a loved one is facing robbery charges, you need an aggressive, experienced, dedicated attorney to represent you.  When facing serious felony charges, the LA County District Attorney's office will seek the harshest punishments and fight to send you to prison for as long as they can.  You deserve, and have a right to, someone in your corner to take them on and fight for the best possible outcome in your case.  Call us now for a Free Consultation with a Los Angeles Criminal Defense Attorney.


MOST COMMON DEFENSES:

Identification Issues:  Cases of mistaken eyewitness identity testimony account for more wrongful convictions than any other kind of evidence.  Juries believe witnesses who identify the defendant as the perpetrator, but the reality is that most people vastly overestimate their ability to recall what a person looks like.  Eyewitness identifications are highly unreliable, especially if there were specific issues like masks/hats/sunglasses, suggestive identifications, and cross-racial identifications.  Witnesses are often asked to make their identification of a handcuffed suspect, suspect in jail clothes in court, or in a line-up of others who look nothing like the description of the perpetrator.  It is important to present this evidence, with a strong, effective cross-examination of eyewitnesses and effective use of expert witnesses, lineup motions, and other tactics.

Lack of Force:  Sometimes thefts do not actually involve any force.  Pick-pocketing, shoplifting and other thefts directly from the presence of another person, might not actually involve any real use of force or threat of force.  Additionally, there are cases where a "victim" believes that a person is threatening due to their appearance or otherwise innocent actions.  The government has the burden to prove every element of a crime beyond a reasonable doubt.  If they cannot prove that there was a real use or threat of force, then the offense is not a robbery, and can instead be a relatively minor crime like shoplifting.  This defense is especially valuable in Estes Robbery situations (discussed below).

False Accusations:  Most crimes are susceptible to the possibility of false accusations.  Robbery accusations can be false in their entirety if the alleged "victim" feels enough bias or desire to hurt the accused.  Further, robbery accusations may be made in part, alleging force that did not actually take place.  A common example of this is where a "victim" does not want to admit to leaving property unattended, and then embellishes to place more blame on the defendant.  Thorough investigation, smart cross-examination and effective argument can expose false accusations and lead to reasonable doubt in these cases.

Other Common Defenses to Crimes


FIRST DEGREE ROBBERY

California Penal Code 211 singles out robberies at an ATM, aboard a bus, train, taxi, or in an inhabited dwelling, houseboat or trailer is a robbery of the first degree, punishable by three, six or nine years in prison before enhancements or prior allegations.  This makes first degree robbery one of the most serious crimes in the California Penal Code. 


SECOND DEGREE ROBBERY

All robberies not specifically enumerated as First Degree Robberies are Robberies in the Second Degree.  Second Degree Robbery is punishable by two, three or five years in prison without any enhancements or priors.  Though punished slightly less harshly than First Degree Robbery, Second Degree Robbery is always a felony, always a strike (violent felony), and leads to a presumptive prison sentence. 


RELATED OFFENSES

Kidnapping to Commit Robbery:  Pursuant to Penal Code 209(b)(1), kidnapping to commit robbery is punishable by a life sentence.  It is important to note that the distance a person must be forced for kidnapping can be quite short.  Forcing someone to go to an ATM, or to a more secluded place away from help, can lead to a life sentence. 
More on Kidnapping

Carjacking:  Penal Code 215 punishes carjacking, which is otherwise a form of robbery.  Taking of a vehicle by threat or force is carjacking.  If the driver is forced to stay in the car, it could be kidnapping (PC 209) as well. 
More on Carjacking

Estes Robbery:  In the case People v. Estes, the holding allowed the robbery force requirement to be met after a theft has been committed.  This type of robbery found a frequent application in shoplifting cases where a shoplifter was caught by store security and struggled to get away.  The slightest push or physical contact can be enough for the DA to file felony robbery charges in what would otherwise be a minor misdemeanor offense.  With many stores having security trained to initiate physical contact, this charge has become increasingly common.  Additionally, with the passage of Prop 47, prosecutors are looking for new ways to assign harsher penalties to shoplifters, particularly those with a prior criminal history.


ENHANCEMENTS

Firearm Enhancements:  Possessing a firearm during the commission of a felony, use of a firearm and discharge of a firearm during the commission of a felony have serious consequences.  Just simply possessing a firearm adds a year to a possible prison sentence.  Due to the violent nature of robberies, the use or possession of a firearm or other weapon is very common in Robbery cases.  This adds consecutive time and can lead to very long prison terms.  The personal use of a firearm during the commission of a robbery adds 10 years, discharge of a firearm adds 20 years and if someone is killed or injured, would result in a 25-life sentence.

Gang Enhancements:  Gang enhancements are very serious and can add a long consecutive sentence on to any felony committed by an active gang member for the benefit of the gang.  When the underlying felony is a violent felony, like Robbery, the added prison term will be 10 years.  Gang enhancements can be challenged, including arguing that the defendant is not a gang member, not an active gang member, and that the crime was not committed for the benefit of the gang.  More on Gang Enhancements

Strike Enhancements:  Robbery is one of many "strike" offenses in California law.  Those previously convicted of one strike offense face double the usual prison range for any new felony convictions.  This means that a person with one strike prior faces up to 18 years in prison for snatching money away from someone who just withdrew cash from an ATM.  With two strike priors, a third conviction for Robbery could likely result in a life sentence.  Strike convictions should be avoided wherever possible, and it is important to note that a strike prior, or worse, two strike priors can have disastrous consequences in light of a new conviction.  Avoiding the new conviction is best, but there are also ways to improve strike sentencing through plea negotiations or a Romero motion (motion to not apply a prior strike conviction).  More on CA's Three Strikes Law

Contact a Los Angeles Criminal Lawyer now for a Free Consultation.  213-375--3775.