Robbery – CPC 211-215

California’s Penal Code Sections 211-215 indicate that the crime of robbery refers to an individual’s use of force or threats to take another’s personal property from his or her immediate presence.  A Los Angeles robbery lawyer can tell you that in order for the prosecutor to prove robbery, he or she must demonstrate a number of elements that have been set forth by state law.

Elements of Robbery

Specifically, the prosecutor is required show that the defendant intended to use force or coercion in order to create fear in an individual. The law calls for the use of at least some type of force in order to differentiate the crime of robbery from the crime of larceny.  Additionally, it must be clear that the victim was afraid of receiving an illegal injury to either him or herself, his or her property, or his or her immediate family, or he or she feared an immediate illegal injury to him or herself and any other individual who was there at the time of the commission of the robbery.  To be clear, if the victim didn’t know that the crime was taking place, the prosecutor might not be able to prove the elements of the crime of robbery.

Additionally, your Los Angeles robbery lawyer will also tell you that the property that was taken has to have been in the victim’s immediate area; but, it is not necessary for the property to have been directly on the victim’s body.  With respect to the victim’s immediate area, California courts have found that it’s enough for the personal property to have been within the victim’s touch, sight or hearing.  Further, state laws require that the defendant try to leave with the taken property.

Possible Defenses to a Robbery Charge

Some of the defenses to robbery include entrapment and a bona fide claim of ownership.  A conviction for robbery will end in a sentence that will include some time in prison; however, the length of that sentence will greatly depend on whether the defendant has been found guilty of first degree or second degree robbery.  Individuals who have been found guilty of first degree robbery might end up with a prison term of either three, four, or six years, and state laws call for a lengthier sentence for first degree robberies that involve certain conditions.  Moreover, if a robbery includes some type of conspiracy and occurs in someone’s residence or other inhabited place, the length of imprisonment will go up to three, six, or nine years.  With regard to second degree robberies, those typically end with a prison term of at least two, three, or five years.

A robbery charge is one you cannot ignore. It is essential that you hire a qualified and experienced criminal defense attorney immediately to make sure your rights are protected. If you need a Los Angeles robbery lawyer, please call Daniel Cota at 800-351-6860 for a free consultation.