California Robbery Cases

Robbery in California often leads to criminal charges against the alleged perpetrator, and then it is a matter of determining what sentencing will apply based on the circumstances. Robbery cases tend to involve several witnesses that were at the scene during the crime, and their testimony is generally sufficient to convict a person in California.

Criminal cases of robbery often lead to severe penalties for the perpetrator when found guilty in the courtroom. The crime of robbery has a classification in California as one person taking the personal property from another individual against his or her will, through the use of forceful action or with intimidation or fear. In this state, robbery is always a felony, no matter how many other factors may exist or how minor the actions of the accused are. This leads to criminal charges of felony against the person, and he or she will need a criminal defense lawyer.
What Is Robbery Exactly?
California criminal laws of robbery are often violent or aggressive acts against another person. This could involve only a single individual, or an entire group is part of the illegal act. If the individual robs a bank, he or she may increase the sentencing based on the specific circumstances. The use of fear, intimidation and violence may increase the severity of the crime. Injuring another person, killing anyone or committing another illegal act provides additional charges or sentencing. The use of force may occur with or without a weapon, and intimidation may also include instances of assault. Kidnapping often happens with a robbery when the person wants a quick getaway.

Simple and Less Obvious Robbery
While most are aware of bank robberies, these criminals may commit a crime in a less violent and obvious way. The individual may break into a home when someone is still there. Then, when discovered by the homeowner, the person may threaten him or her with harm while stealing the personal property against the individual’s will. The perpetrator may also drug someone, steal his or her property and leave while the victim is still unconscious. When simple theft occurs, the person may threaten the owner so he or she is able to escape. The intimidation or threat of physical harm usually constitutes robbery.

Many instances of robbery include the person using a mask, pointing a gun or threatening physical harm if the other individual does not comply with demands. This is assault, intimidation and use of force. When the theft of property occurs through force or fear, the California laws will consider the act one of robbery. Even if the perpetrator uses a mask, he or she may still face a trial in court. Once the judge or jury deliberate upon the guilt or innocence of the person, it is then important to consider the potential penalties. These proceedings are not part of any civil hearings where the perpetrator may owe damages or suffer through punitive damages to the victim.
Penalties and Severity
Felony penalties are what occurs when the person robs in California. The consequences depend on the first or second-degree robbery crime. For first-degree crimes, the person needs to commit the act against a driver or passenger of a vehicle, in an inhabited building of some sort, against someone at an ATM or that is close to one and similar instances. The first degree could carry a sentence in a California state prison of between three and nine years. Second-degree robbery may lead to the same circumstances at two, three or five years behind state prison bars. Other factors generally increase these guidelines.
Legal Defenses for Robbery
Sometimes the robber may alter the degree, sentencing guidelines or charges. He or she may remove the force or fear. This could change the charge to petty theft when property is still stolen. If the person believes in all honesty that he or she had a right to the stolen goods, he or she may defend against the charges. Mistaken identity is another way to remove possible conviction. Others claim false accusations of the crime. Through hiring a lawyer, the person may prove that he or she is innocent of the crimes committed. If any witness is unable to identify the person, this could increase the strength of the defense.

It is often not possible to defend against the charges without a criminal defense lawyer. Through hiring this professional, the accused may prove that he was not there, did not commit robbery or is not the rightly accused person.