Is Robbery a Violent Crime in California?
Yes, robbery is classified as a violent crime in California. Under California Penal Code Section 211, robbery involves taking property from another person through the use of force or fear, making it a violent crime. Unlike theft, which is a crime that involves stealing property without the use of force or intimidation, robbery requires that the victim be placed in fear or experience physical force to give up their property.
Because of this classification, robbery charges carry significant penalties, including long prison sentences and the possibility of being labeled as a violent offender.
Consequences of a Robbery Conviction in California
There are different types of robbery under California law, and each comes with its own set of penalties. These include:
- First degree robbery: This refers to robbery that occurs in someone’s home or other inhabited building, robbery committed against a person who is near to or actively using an ATM, and robbery that victimizes taxi drivers, bus drivers, train operators, etc. If convicted, you could be sentenced to as many as six years in prison.
- Second degree robbery: This refers to all other robberies that do not fall within the scope of first degree robbery. If convicted of second degree robbery, you could be sentenced to as many as five years in prison.
- Armed robbery: If the defendant uses or threatens to use a weapon during the commission of a robbery, it is considered armed robbery. This type of robbery carries much harsher penalties, including additional time in prison, depending on the circumstances.
Aggravated Robbery Charges
Aggravated robbery is a more serious form of robbery that involves additional factors making the crime particularly severe. While robbery itself involves the use of force, fear, or intimidation to take property from someone else, aggravated robbery typically includes one or more of the following elements:
- Use of a Deadly Weapon: If the defendant uses or threatens to use a weapon, such as a gun, knife, or another weapon, it can elevate the charge from a simple robbery to aggravated robbery.
- Serious Injury to the Victim: If the victim suffers significant harm during the commission of the robbery, such as broken bones, severe cuts, or other serious injuries, the charge may be classified as aggravated robbery.
- Special Circumstances: Certain situations can elevate the severity of a robbery, such as if the crime occurs in a home (home invasion), during a carjacking, or at a financial institution (bank robbery).
Aggravated robbery is considered a felony and carries much harsher penalties than a basic robbery charge, including longer prison sentences and larger fines. The exact penalties depend on the severity of the crime, the weapon used, whether the victim was injured, and the defendant's criminal history.
Common Defenses Against Robbery Charges
There are several common defenses that an experienced Orange County robbery lawyer can explore when defending against robbery charges. These may include mistaken identity, where the accused is wrongly identified by the victim or witnesses, or lack of intent, which argues that the defendant did not have the intention to steal through force or fear. Duress is another defense that may apply if the defendant was coerced or threatened into committing the crime. Additionally, an alibi defense can be used if the defendant can prove they were somewhere else at the time of the robbery, such as through witness testimony or surveillance footage.
Other possible defenses include lack of evidence, where the prosecution fails to meet the burden of proof beyond a reasonable doubt, and unlawful search and seizure, which argues that any evidence obtained through illegal police actions should be excluded from the trial. Each case requires a tailored defense strategy based on its specific facts, and a skilled Orange County robbery lawyer will thoroughly review the case, identify potential defenses, and work towards achieving the best possible result.
Working with an Orange County Robbery Lawyer
Robbery charges in California are serious, and a conviction can have long-lasting consequences. Whether you are facing first-degree robbery charges, armed robbery charges, or another type of robbery, it is essential to work with a skilled and experienced Orange County robbery attorney who can help protect your rights and fight for your future.
An Orange County robbery lawyer will:
- Provide expert legal advice and guidance throughout the criminal process
- Investigate the facts of your case and gather evidence to support your defense
- Challenge the prosecution’s evidence and argue for reduced charges or a dismissal
- Represent you in court and negotiate with the prosecution to achieve the best possible outcome
- Help you understand the legal options available and the potential consequences of each choice
Robbery charges of any kind are not to be taken lightly. As soon as you are accused of robbery, it is imperative that you reach out to a qualified criminal defense attorney as soon as possible. Otherwise, you could face imprisonment and other painful consequences in your personal, professional, financial, social, and family life for many years to come.
We provide consultations in person, on the phone, and at virtually any time that is convenient for you. Call (714) 576-2935 or reach out online today to speak to a criminal defense attorney in Orange County.
Commonly Asked Questions
What is the Minimum Sentence For Robbery in California?
The minimum sentence for robbery in California depends on the severity of the offense and whether aggravating factors are present. For simple robbery, it is classified as a felony under California Penal Code Section 211 and is punishable by a minimum of 2 years in state prison, with a maximum of 5 years. If the robbery involves aggravating factors (e.g., the use of a weapon), the penalties can be more severe, potentially resulting in a sentence of up to 9 years or more, depending on the specifics of the case.
Is There a Statute of Limitations on Robbery in California?
In California, there is no statute of limitations for robbery if the crime is charged as a felony. This means that authorities can bring charges against an individual for robbery at any time, regardless of how much time has passed since the alleged crime. However, for other types of crimes, such as misdemeanors, there may be a statute of limitations (usually one to three years), but robbery charges do not fall under this limitation.
