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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 Penalties

Robbery is both a felony and a strike charge, so the penalties for robbery in Oakland are quite severe. If they are fortunate, they may be placed on probation, but they will still likely have to do a significant amount of time in custody. In many instances, an individual convicted of robbery would be sentenced to 3-6 years in state prison. If the person has a prior strike, it is especially important to have an attorney who is familiar with striking a prior strike by way of a Romero Motion so a lesser sentence can be handed down.

If you are concerned about the penalties for your robbery charge, do not hesitate to contact an experienced lawyer. With the help of a dedicated robbery attorney, you could fight to minimize the potential penalties.

Elements of a Robbery Charge

To charge someone with robbery, the prosecution must prove that the defendant took somebody else’s property from his or her possession with force or fear. Another element is that when the person took the property from another, they did so with the intent to keep it from the other person permanently.

A classic example is a confrontation on a street where somebody is walking and holding their cellphone. The suspect punches or strikes the person holding the phone in some fashion, grabs the person’s phone, and takes off running. All three elements have been met. The property of another–in this case, the phone–was taken. They were holding it, so it was taken from their person through the use of force. The attempt to permanently deprive could be proven by the person running away with the property.

Possible Penalties for Robbery

Robbery is a felony offense; it cannot be filed or charged as a misdemeanor. If someone is convicted, he or she will not only have a felony conviction on their record, but they will also have a strike charge. This will make sentencing for future felonies and future strikes higher than they would be otherwise, so the consequences are significant. The exposure, meaning the amount of time they could serve in state prison, is quite high, anywhere from 3-6 years.

There may also be enhancements. Those are allegations that the district attorney adds to the charge that, if proven true after trial, will add additional time. A common example is the personal use of a weapon in the course of the robbery. If that is proven and found true by a jury, that will increase the amount of time that the person will serve in state prison.

Although a robbery is not a wobbler, it can be eligible for 1203.4 expungement relief so long as the individual was not sentenced to state prison. If a state prison sentence was handed down, then the matter cannot be dismissed under California Penal Code §1203.4 but other relief may be available such as a Certificate of Rehabilitation and a Governor’s Pardon.

Maximum Penalties

The maximum term for just a robbery would be six years in state prison, but if the person also has enhancements, that can add anywhere from 3-10 years on top of the 6 years. Somebody who is charged with a robbery and has the enhancement of personal use of a gun could serve 16 years in state prison.

They may end up serving more if they have prior convictions or prior strikes. If they have a prior strike offense, then their sentencing range or sentencing exposure is doubled, in which case the maximum will be 12 years. Again, the consequences for a robbery with a prior conviction are severe even without just by virtue of it being a felony and a strike conviction in the State of California.  The actual sentence exposure will depend on a number of factors and can get very high.

Let an Oakland Robbery Attorney be Your Advocate

Facing charges can be stressful, especially since Oakland robbery penalties are so high. The best way to avoid the serious consequences of a robbery conviction is to hire an experienced attorney. They could be your advocate in pre-trial negotiations and even in court if necessary. Call today to set up a case review and begin working towards a resolution of your case.

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