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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





Martinez Robbery Lawyer

Robbery charges are more severe than theft charges because they involve an element of force or violence. The potential penalties for a robbery conviction can impact your personal and professional life, making obtaining education, housing, funding, and employment more challenging. A Martinez robbery lawyer could investigate the circumstances that led to your charges and determine the best course of action for your case.

Robbery is always a felony charge under state law. It is also considered a strike offense under the Three Strikes Law.  As a result, in addition to lengthy prison terms and high fines, you can face collateral consequences arising from a felony conviction, including the loss of some civil rights and a permanent criminal record that can impact various aspects of your life. Speaking with a skilled criminal attorney could help you minimize these potential penalties.

Defining Robbery in Martinez

Under California Penal Code § 211, a robbery occurs when individuals feloniously take personal property:

  • Possessed by others
  • From their person or in their immediate presence
  • Against their will
  • By force or fear

Cal. Pen. Code § 212 further defines that fear may constitute one element of a robbery. More specifically, a defendant could allegedly cause fear of injury to another person, property, family members, or others who are present at the time of the robbery or property damage.

Robbery also involves an intent to commit theft or to deprive others of their property unlawfully. One common example of robbery might involve individuals who point a gun at others and demand that they turn over their purses and wallets.

First-Degree Robbery

Under Cal. Pen. Code § 213, first-degree robbery charges may result when individuals commit robbery within a home or inhabited building. A first-degree robbery may also occur when individuals forcibly take money or other property from a person who is leaving an ATM, or from drivers or passengers of commercial vehicles, like buses or taxis.

Prison sentences for a first-degree robbery charge can range from three to six years, with a maximum fine of $10,000. However, at least one situation can increase the potential prison sentence. If individuals voluntarily act together with two or more persons to rob an inhabited home or building, they can face up to nine years in prison. Due to the potential severity of these charges, individuals may wish to consult a robbery lawyer in Martinez for advice.

Second-Degree Robbery Charge

All other robberies result in second-degree robbery charges. The penalties for a second-degree robbery conviction can include up to five years in prison and a $10,000 fine.

Since robbery is always a felony charge, some aggravating factors, listed under Ca. Pen. Code § 12022.7, can increase potential prison sentences for robbery convictions. These factors can include:

  • Causing significant physical injury to others while committing a robbery
  • Causing others to become comatose or permanently paralyzed as a result of injuries sustained during a robbery
  • Robbing individuals who are over the age of 70 or children under the age of five, if they suffer substantial bodily injuries as a result
  • Firing or otherwise using a gun to carry out the robbery

If any of these elements exist in the context of an alleged robbery, individuals can face up to five additional years to their prison sentences. The amount of the increased sentence depends on the nature of the aggravating circumstances involved in the offense. A Martinez attorney experienced handling robbery cases could determine if these aggravating factors are present in a defense’s case.

Contact a Martinez Robbery Attorney Right Away

Robbery charges can have a profound impact on your personal and professional life. A conviction could result in a permanent record that could make maintaining employment or finding housing difficult. A Martinez robbery lawyer could discuss your options for resolving the charges against you.

Working with legal counsel may place you in a better position to understand the charges and evidence against you and determine how to successfully fight against them. By getting the legal advice that you need, you may be more likely to minimize the effects that robbery charges can have on your life. Call today.

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