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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





Oakland Robbery Lawyer

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.

Types of Robberies In California

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:

  • An individual possessed cash or other personal property with some value
  • The alleged perpetrator took the cash or other personal property from the individual or within the individual’s presence
  • The cash or other personal property was taken without the individual’s agreement or consent
  • The alleged perpetrator took the cash or other personal property via force or threat of force
  • The alleged perpetrator intended to permanently deprive the individual of the cash or other personal property

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.

Robbery Designations

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.

Consequences & Penalties for a Robbery Conviction

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.

Consult with an Oakland Robbery Attorney Today

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.

Unforunately, 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.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer