The drug rendered the victims unconscious, overcoming their resistance to the taking of various items of personal property from their homes or persons. If you grabbed something from another person — perhaps because they were attacking you — without intending to steal it, you should not be charged with robbery. But a robbery in California can also be committed in less obvious ways. If weapons were involved or if there are any injuries to victims, the penalties and jail time will be much more severe. Karina's intent is to take the pearl necklace to a pawn shop to get cash to pay her dealer. Our attorneys are successful and experienced in major crimes and we are available seven days a week to answer all of your questions.
Ed buys drilling tools and a linoleum rug. If you, or a loved one, is arrested or charged with a robbery, you need to immediately contact an aggressive criminal defense attorney who has significant experience in handling these cases. Defenses to Robbery If someone has a claim of right or an honest and reasonable belief that the property belongs to them, they would have a legal defense to any robbery charge if they use force to retrieve that property. You intended to deprive the owner of the property permanently or for an extended period of time where the owner would be derived of a major portion of value or enjoyment of the property. The fact that he hasn't yet assembled the equipment or purchased marijuana is key, because without these actions the manufacture could not take place. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all.
Definition of Specific Crimes: Offenses Involving Danger to the Person: Article 210—Criminal Homicide; Article 211—Assault; Reckless Endangering; Threats; Article 212—Kidnapping and Related Offenses; Coercion; Article 213—Sexual Offenses. The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery. But let's say that—before purchasing the equipment—Manuel makes a deal with his friend Lorraine. But Ed may still be guilty of attempted burglary—even though he voluntarily abandoned his plan to commit that crime. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. All other robberies are punishable by up to five years in prison.
Prison sentences for robbery can be enhanced if the robbery involves the use of a weapon. If a gun was used in the robbery, the defendant can be sentenced to ten years in prison and twenty years if the gun was fired. This is because he believed that he had a right to take the money back from her. For example: Felony welfare fraud carries a prison sentence of up to three years. Most attempt crimes use the code section for attempt 664 followed by the code number for the crime that is attempted. You were falsely accused False accusations are responsible for all too many robbery—and other criminal—charges in California. For more information about the various ways to handle a robbery case, and to schedule your free consultation, at the Kraut Law Group.
There are a lot of ways to enhance your robbery sentencing. However, in another example a pickpocket operates in a busy commercial area by carefully removing wallets and jewelry from people he brushes up against. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. If you have been charged with this offense in the Los Angeles or Southern California area, call Michael Kraut. A lawyer can look over any robbery charges to determine if any of the following defenses would apply to your case: You Did Not Intend to Steal Anything A robbery conviction requires you to act with the intent to steal something. Barry is guilty of the robbery because he used the gun as a force and fear to scare the teller into believing that he will actually shoot her if she did not turn over the money.
There are a variety of common legal defenses that we can use to help you fight California robbery charges—or get your charges reduced or dismissed in. The punishment and sentencing depends on if the offense was charged as a first degree or second degree robbery. The force used can be just a simple threat or can be more serious if a weapon is used. In this case, both Manuel and Lorraine would be guilty of conspiracy to commit a crime. Call me at 916-442-1200 for a free and confidential consultation. The Legislature finds and declares that this paragraph is declaratory of existing law.
Additionally, if you are convicted of this felony, you will lose your right to buy or possess a firearm, and in most cases, will lose your right to vote. He doesn't assemble the equipment he purchased And he re-considers his decision to buy the equipment and starts to think making hashish would be a poor choice. There are two different types of robberies, first degree robbery and second degree robbery. In this case, because the man honestly believed that he was reclaiming his own property, he will not be guilty of robbery. For best results hire him if you feel like you might be under investigation or could face charges.
. That means a conviction of robbery will result in severe penalties, plus the conviction will be used to increase future sentences should you, or a loved one, be convicted of a crime in the future. All other cases are petty theft. Preventing another person from being able to resist is not the same as fear of the consequences of resisting. The Institute is currently re-examining the Code's provisions on and.