In the California Penal Code, robbery is listed as a crime that involves violence or the threat of violence. Because of the violent nature of the charge as defined by state law, anyone who is convicted of—or pleads guilty to —this crime may face severe criminal penalties.
It may be advisable to contact an Oakland robbery lawyer immediately if you have been charged with this crime, or even if you have reason to think you may be charged. Legal counsel from a seasoned attorney could help you interpret the facts surrounding the situation and guide you towards finding the most positive course of action to take under your circumstances including a strike.
As set forth in California Penal Code §211, the crime of robbery is defined as the unlawful taking without permission of someone else’s personal property from their “person or immediate presence,” by means of a forceful act causing—or meant to provoke reasonable fear of—harm. To secure a conviction on a robbery charge, the prosecution must provide, beyond a reasonable doubt, evidence of each of the following elements of the crime:
Robberies often involve a weapon, but this is not a required element of the crime. The mere threat or implied threat of harm to the individual—with or without a weapon—is enough to warrant a charge of robbery. An attorney for robbery in California could provide further insight into the robbery charges you are facing.
CA Penal Code §212.5 further divides robbery charges into two distinct categories: first-degree robbery and second-degree robbery. These are broken down based on contributing factors to an incident. An Oakland robbery lawyer may be able to further explain how each designation applies to a certain situation.
First-degree robbery is the charge associated with robbery in an individual’s home, against a driver or passenger in a bus, cab, cable car, subway car, or other vehicle. It also applies to an act of robbery committed against someone who is using an ATM machine. A second-degree robbery charge applies to any situation that does not meet any of the criteria for first-degree robbery or carjacking.
A third, more specific version of robbery listed in the California Penal Code is carjacking. According to CA Penal Code §215, carjacking involves taking a motor vehicle that is in the possession of another, without that person’s agreement or consent, with the intent to temporarily or permanently deprive that person of their vehicle.
Anyone who is convicted of an act of first-degree robbery that occurs within someone’s home while that person is there may be incarcerated for three, six or nine years in a California state prison, as established in CA Penal Code §213. Otherwise, first-degree robbery may be punished by three, four, or six years in state prison. Anyone who is convicted of second-degree robbery may be incarcerated for two, three, or five years.
A person who is convicted of robbery generally must serve 85 percent of their prison sentence. In addition, any conviction for robbery counts as one “strike” under California’s “three-strikes law”, which is used to confer life sentences. If you currently have any strikes within California, speaking with an Oakland robbery lawyer to discuss the possible outcomes that could come from your charges may be a wise move.
If you were charged with robbery, you should consult with an attorney experienced in dealing with this type of case. They could work to ensure that all your rights are fully protected.
Unfortunately, what you do not know can harm you. In the case of robbery, you could face extremely harsh penalties simply for being unaware of how to best navigate the system. If you find yourself in this situation, contact an Oakland robbery lawyer to discuss your case today.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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