With her extensive experience and personalized approach, Attorney Goodman is dedicated to crafting a defense strategy tailored to your unique situation, ensuring you have the best chance at a favorable outcome.
Call The Law Offices of Jacqueline Goodman today at (714) 266-3945 or contact us online to schedule a meeting with our robbery attorney in Orange County!
What Is Robbery Under California Law?
According to California Penal Code 211, robbery is defined as taking personal property from another person’s possession, either on them or within their immediate presence, using force or fear. To secure a conviction, the prosecution must prove the following critical elements beyond a reasonable doubt:
- The defendant took property that was in another person’s possession.
- The property was taken against the victim’s will.
- The defendant used force or fear to take the property or prevent resistance.
- The defendant intended to deprive the victim of the property or for an extended period.
Use of Force or Fear
The “use of force or fear” is a critical element of robbery. The law defines “force” as any physical violence used to take the property. At the same time, “fear” involves instilling apprehension in the victim of immediate harm to themselves, their property, their family, or another person. Even the threat of harm can satisfy this requirement.
If you are facing robbery charges, having an attorney who can challenge each element of the offense is essential. Attorney Jacqueline Goodman has extensive experience defending clients against serious felony charges and will work tirelessly to identify weaknesses in the prosecution’s case. Whether through negotiating reduced charges or seeking a dismissal, she will fight to protect your future.
What are the Penalties for Robbery in California?
Robbery charges in California are categorized into two degrees: first-degree and second-degree robbery. The penalties vary depending on the circumstances of the crime and whether any aggravating factors were present during the commission of the offense.
First-Degree Robbery Penalties
First-degree robbery is considered more severe and typically involves situations where the victim was in their home, using or near an ATM, or in a vehicle, such as a taxi or a rideshare. A conviction for first-degree robbery can result in:
- Up to 9 years in state prison
- A fine of up to $10,000
- Additional penalties may apply if the robbery involved the use of a firearm, inflicted serious bodily injury on the victim, or was part of a gang-related activity. In these cases, sentencing enhancements can add significant time to your sentence, potentially leading to life imprisonment in extreme circumstances.
Second-Degree Robbery Penalties
Second-degree robbery applies to all other robbery offenses that do not meet the criteria for first-degree robbery. A conviction for second-degree robbery can lead to:
- Up to 5 years in state prison
- A fine of up to $10,000
- While second-degree robbery carries less severe penalties than first-degree, it remains a felony and will leave a lasting mark on your criminal record.
Other Consequences of a Robbery Conviction
In addition to the formal penalties, a robbery conviction can result in collateral consequences such as:
- Probation and parole restrictions
- Loss of the right to own firearms
- Difficulty securing employment or housing
- Immigration consequences for non-citizens
With so much at stake, it is essential to have a skilled attorney who understands California’s robbery laws and sentencing guidelines on your side.
Contact The Law Offices of Jacqueline Goodman today to schedule a case evaluation!
Renowned Success Rate
Criminal cases are often complicated. There are two sides to every story, and it is important that the court sees the situation clearly. We can help defend you in your criminal case and make sure your perspective is heard.
Potential Defenses Against Robbery Charges
Facing robbery charges can be daunting, but it’s important to remember that a charge is not the same as a conviction. There are various legal defenses that an experienced attorney can raise, depending on the specifics of your case. Attorney Jacqueline Goodman will analyze the evidence and circumstances to develop a tailored defense strategy to challenge the prosecution’s case.
Some common defenses to robbery charges include:
- Mistaken Identity: Robbery cases often hinge on witness testimony, which can be unreliable. If the victim or a witness misidentified you, your attorney can display evidence to cast doubt on the identification.
- Lack of Intent to Steal: To be convicted of robbery, the prosecution must prove that you intended to take property from another person. You could have grounds to fight the charges if you had no such intent.
- False Accusation: The alleged victim or another party may falsely accuse someone of robbery for personal motives, such as revenge or financial gain. Your attorney can work to expose any ulterior motives and inconsistencies in their story.
- No Use of Force or Fear: If the prosecution cannot prove that force or fear was used during the alleged incident, a key element of robbery is missing. This can lead to a lowering of charges or a dismissal.
- Alibi: Proving you were somewhere else during the alleged robbery can be a strong defense. Witness statements, surveillance footage, or other evidence can support an alibi defense.
Attorney Jacqueline Goodman is skilled at identifying the best defense for each client and will fight to protect your rights throughout the legal process.
