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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





What Factors Can Enhance Or Aggravate A Robbery Charge?

Factors that can enhance or aggravate a robbery charge include how much was taken, and the circumstances of it. In other words, was it late at night, was somebody basically scared to death? Was it during the daytime and it just wasn’t as egregious? It has to do with the overall level of force or fear that was used. If actual force is used, then there is going to be an additional charge. If you hit somebody, then they are also going to charge you with battery, or they’re going to charge you with assault with a deadly weapon if you hit them hard enough or you use some kind of weapon.

What can enhance any violent offense in California is the personal use of a deadly or dangerous weapon. That can get you a minimum of 4 additional years. If you personally used a firearm, that is a minimum of 10 extra years in jail. Those are the things that enhance charges. Robberies are strike offenses in the state of California.

A common form of robbery that tends to occur, outside of your stickups and home invasions, are called Estes Robberies which are basically shoplifting attempts gone wrong. Imagine someone at a 7-Eleven stealing six pack of beer. As they go out, the owner grabs them by the arm and says, “What do you think you’re doing,” and the guy pulls his arm away and pushes the owner’s arm off of him then runs off. That would be considered the use of force and during a theft and the Estes case held that it is considered a robbery. No matter the type of robbery case, it is advised to get in touch with a California robbery defense lawyer to defend your rights. Although there are many Armed Robbery Defense Lawyers in Oakland, CA that can be contacted, you can get help from The Nieves Law Firm, APC in Oakland, CA, for a Free Consultation Session. Call (510) 779-2082 to speak with an Oakland, CA robbery defense attorney.

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