If you have been arrested and charged with robbery, you may be uncertain of what steps you need to take to protect your rights and your future. This is not a time to stick your head in the sand or simply hope there will be a good outcome to your charges. While it is understandable that you are feeling frightened and overwhelmed, you must take action. You need a strong Riverside robbery defense lawyer in your corner as quickly as possible. Your attorney will carefully assess your robbery charges in California, and then help you choose the best course of action with the least number of adverse consequences.
Perhaps you did commit robbery, but there were extenuating circumstances. Your attorney can help these circumstances come to light and convince the prosecutor to possibly reduce your charges or lessen your sentence in the event of a conviction. Or perhaps you are innocent of the charges. In this case, your attorney will help prove your innocence and locate the guilty party. Either way, when you choose a Riverside robbery defense lawyer from Greenberg, Greenberg & Kenyon, you will have an attorney who works for you and cares about the outcome of your robbery charges in California.
At Greenberg, Greenberg & Kenyon, our attorneys have significant experience handling robbery defense cases. At our firm, a father-and-son team of defense lawyers, we will work together to protect your freedom.
Robbery is a felony in California, and a robbery charge carries the potential of a lengthy prison sentence. Robbery is a separate crime from burglary or theft in that it involves the use of force or the threat of force against another person. If you have been charged with robbery in Riverside, it is important to consult with an experienced criminal defense lawyer as soon as possible.
Defending Against Robbery Charges in Riverside
Under California Penal Code Section 211, robbery in the state involves the taking of the personal property of another person, either from their presence or their person, against their will, through fear, intimidation, or force. Certain aspects need to be proven by a prosecutor to convict a person of robbery. These include:
- You took property that did not belong to you.
- The property you took was taken from another person’s possession or immediate presence.
- You took the person’s property against his or her will.
- Force, threats, or intimidation were used to take the property. This could include physical violence inflicted on another person or making the victim fear injury to themselves, their family, or someone else at the scene of the robbery.
- When you took the property, you intended to take it permanently, or at least for a period that would deprive the owner of most of the property’s value.
The state of California divides robbery into first and second degrees, however, both are felony offenses. First-degree robbery charges must have one of the following elements:
- The victim of the robbery worked in the field of transportation for hire, such as a taxi cab driver, a bus driver, a streetcar driver, a subway driver, or a cable car driver.
- The robbery took place in an inhabited area, such as a home, a boat, a vehicle, or a trailer.
- The robbery occurred either while the victim was visiting an ATM or immediately after the victim visited an ATM.
Second-degree robbery has none of the requirements for first-degree robbery. California law states that counts of robbery are determined by the number of victims involved rather than the value of the items stolen or the number of items stolen. Certain additional factors can increase your sentence or fine, including:
- The person or persons you robbed suffered great bodily injury. If the injuries are severe, an extra three to six years could be added to your sentence.
- You used a gun in the commission of the burglary. Using a firearm while committing a felony in the state of California triggers the 10-20-life law, which is a sentence enhancement that applies to any felony where a firearm is used. The possession of a gun during a robbery could add an extra ten years to your sentence; if the gun was fired during the burglary, an extra 20 years could be added. If the firing of your gun resulted in death or great bodily harm to another person, you could face an additional 25 years to life.
- If you had at least two other people helping you commit the robbery in an inhabited building, your maximum sentence could be nine years.
- Under the Three Strikes Law, robbery is considered a violent felony, which means if you are convicted of a new felony after having a prior conviction of a serious felony, you will be sentenced to state prison for twice the term otherwise provided for the crime. If you have two or more prior strikes, you could face a state prison term of at least 25 years.
At Greenberg, Greenberg & Kenyon, our Riverside criminal defense lawyers handle a wide range of robbery defense cases, including first- and second-degree robbery and carjacking. Our attorneys understand the consequences of a robbery conviction and know the successful defense strategies. We will do everything we can to help you achieve the best possible outcome.
What Does It Mean to Be Charged with Robbery Versus Theft?
While theft and robbery are similar, theft does not necessarily involve interaction with another person. If you go into an empty warehouse and steal merchandise, you have committed theft rather than robbery. You could be charged with petty theft or grand theft, depending on the value of the items stolen. Petty theft is charged when the items stolen are worth less than $950, while grand theft is charged when the item or items stolen are worth more than $950. Petty theft is charged as a misdemeanor, while grand theft can be charged as a misdemeanor or felony. Robbery involves contact between the perpetrator of the crime and the victim, usually by using force of some kind.
What Should You Do if You Are Arrested for Robbery in Riverside?
If you are arrested on robbery charges in California, you must not speak to the police other than to state your name and address. Ask for an attorney, and refrain from talking until your attorney arrives. Police officers will try to convince you that if you just tell the truth about what happened, you can go home. This is virtually never true. Police officers are allowed to lie to you to get the information they want. Once your attorney arrives, they can advise you of your options and help arrange for bail if necessary. In short, always take your right to remain silent seriously, and always consult an attorney after an arrest—or even if you think you might be arrested.
What Are the Potential Consequences of Being Found Guilty of Robbery in Riverside?
If you are convicted of robbery, you could face the following consequences:
- For a robbery that occurs while the victim is visiting an ATM or immediately afterward, the maximum sentence for first-degree robbery is a fine of $10,000 and six years in state prison.
- Second-degree robbery carries a maximum sentence of five years in state prison and a $10,000 fine.
- Carjacking is auto theft by force, carrying a state prison sentence of three to nine years.
Why You Should Hire An Experienced Riverside Robbery Defense Attorney Near You to Help with Your Case
You should never face criminal charges on your own. As noted, robbery is a felony offense, regardless of whether you are charged with first or second-degree robbery. Further, if there were any extenuating circumstances, you could face enhanced charges—and enhanced penalties. In addition to the legal penalties you will face following a robbery conviction, you will also face other consequences. Once you have served your time, you may find it difficult to get a job or rent a place to live.
As a convicted felon, you may be unable to vote, obtain a professional license, own a firearm, or secure a federal student loan to further your education. As you can see, the penalties and consequences of a robbery conviction are severe. Having an experienced Riverside robbery defense lawyer from Greenberg, Greenberg, & Kenyon by your side can ensure you get the best outcome possible following robbery charges in California.
Contact A Riverside Robbery Defense Lawyer Today
You need someone who will fight for you, ensuring your rights are protected and you have the best outcome available. Whether you have been charged with a misdemeanor or felony, our experienced attorneys will conduct a thorough investigation of your case. As former district attorneys, we can better prepare your case because we understand the prosecutor’s strategy.
If you have been charged with robbery or burglary and need a strong criminal defense, we are here to help. Contact us today online or by telephone at (951) 382-0493 to speak with one of our knowledgeable Riverside lawyers. We offer free initial consultations, and our phone is answered 24 hours per day. All calls are returned promptly.
