Orange County Robbery Lawyer
What is considered robbery?
The criminal act of robbery is defined as the act of taking someone else's
property from the person's body or immediate possession by use of
force or fear. This crime is a felony offense in the state of California
and is heavily prosecuted by Orange County law enforcement agencies. In
recent years, certain cities in Orange County saw a drop in the number
of property crimes committed, but other areas like Irvine and Costa Mesa
showed increases in property crimes. One of the members of the Santa Ana
Police Department stated that a majority of street robberies have a high
gang association with them, and Orange County police have been cracking
down on gangs throughout the county for several years now.
In order for you to be convicted of robbery, the prosecutor must be able
to prove several key elements.
- First, the prosecutor must prove that you took property that did not belong
to you from another person's immediate presence or possession
- The prosecution must also prove that you took the property against that
person's will by the use of force or threats
- They also must show that when you took the property you intended to deprive
the owner of it permanently
The prosecution may also be able to convict you of robbery by proving that
you took the property with the intent to deprive the owner of it for such
an extended period of time that the owner was deprived of most of the
value or enjoyment of that specific property.
Robbery Always Classified as a Felony
Robbery is a unique type of
theft crime because it is known as a continuing offense. This simply means that there
is no requirement that these elements occur in a specific order or even
at the same time. You can be arrested as long as each of the elements
happens before the crime is completed, which will happen when you have
reached a place of safety or are "caught." You must also keep
in mind that the amount of money taken in a robbery is irrelevant, and
this offense will be classified as a felony no matter what.
Elements of a Robbery Charge
Here at the
Law Offices of Jacqueline Goodman, our legal team understands the serious nature of robbery charges and
we are here to help. From the moment you call our firm about your charges,
we will provide you with the tough defense that addresses the evidence
brought against you and challenges the prosecution's case against you.
To start, we will look at what it means to "take property" according
to California Penal Code 211 PC.
This action consists of two elements: gaining possession of the alleged
victim's property, and carrying it away. The term "carrying it away" means that you have made some movement.
This means that some people are charged with robbery regardless of whether
or not they immediately returned the item or not.
Another element of a robbery charge is that either force or fear is used
to commit the robbery. These two terms essentially mean the same thing because courts have ruled
that the coercive effect of fear induced by threats is a form of force.
If you have used enough force to overcome the alleged victim's resistance,
you have committed the crime of robbery according to California law.
Our team of criminal defense lawyers will work hard to dig deep into the
evidence brought against you in this regard. It is also interesting that
you may be in violation of this part of the law even if your alleged victim
is unconscious. Prosecutors will sometimes try to convict you of robbery
if you have acquired the money or property in a peaceful manner but then
used fear or force to take the property from the alleged victim.
In order to defend you against these serious accusations, there are several
different defense strategies that we have at our disposal. We may try
to prove that you did not intend to take or keep the property, but only
did so after you used force or fear incidental to some other purpose.
Or, we may take the route of proving that you did not use force or fear
to take someone's property. If neither of these elements is present,
there is no robbery. If you admit to robbing someone, but only did so
because you honestly believe that the property you took belongs to you,
then California law will excuse your robbery offense. The law does not
care if your belief was mistaken or even unreasonable, so long as it was
an honest belief, and our firm knows how to gather the evidence you need
to prove this is true.
Contact the Law Offices of Jacqueline Goodman
The penalties for a robbery conviction are life-changing. You may be charged
with first-degree robbery if your robbery offense includes the drivers
or passengers of a commercial vehicle, people who have just finished using
an ATM, or if it occurs in an inhabited home. The penalties for a first-degree
robbery conviction in Orange County will include a 3-9 year California
state prison sentence. If you are charged with second degree robbery,
you may face 2-5 years in state prison. Those who are accused of robbing
multiple victims can be tried, convicted and punished for multiple accounts
of robbery. Additionally, there are other enhancements to the above penalties
that may or may not be applicable to your case.