At Law Office of Michael L. Fell we work with clients who are facing a variety of theft charges on a regular basis. One of the most challenging things for a person without a law background to understand is the nuances between these various charges. Today we are going to discuss robbery. Keep reading to get more information and then reach out to us at (949) 585-9055 if you want a free legal consultation or to get answers to your questions. We are here to help.
The definition of robbery
According to California Penal Code, robbery involves taking another person’s property. However, there is more to it than that: The act must involve taking something directly from a person and there must be force involved.
For example, if a person was walking down the street, grabbed a person’s purse, and showed that they had a gun, then this would be considered robbery. Note that “force” does not necessarily mean that a weapon was used and physical violence does not necessarily have had to taken place. Intimidating or coercing a person can be considered force in the commission of a robbery.
The difference between first- and second-degree robbery
Robbery can be charged as either first- or second-degree robbery. A first-degree robbery involves one of the following:
- The driver or passenger in a taxi, streetcar, cable car, rideshare, or any other similar transportation for hire.
- Takes place inside a home, trailer, boat, etc. that is inhabited at the time of the robbery.
- Takes place during or shortly after a person uses an ATM.
In all cases, first-degree robbery is a felony in the state of California. The resulting consequences can involve felony probation, fines of up to $10,000, and time in state prison ranging from three, four, or six years.
Second-degree robbery is any robbery that does not meet the requirements set forth in the description of first-degree robbery. Like first-degree, second-degree robbery is a felony. The potential consequences are similar but not identical: Felony probation, fines of up to $10,000 and time in state prison ranging from two, three, or five years.
Sentencing enhancements can add years
Additionally, a person charged with robbery is often subject to sentencing enhancements. For example, they are likely to get more time if there was a gun present or used during the crime, if they were acting on behalf of a criminal gang, or if a minor was involved in the incident. Likewise, a person with a criminal record could see a significant increase in their jail time.
For this and other reasons, it is always worth it to talk to a criminal defense attorney if you or a loved one is charged with a robbery. At Law Office of Michael L. Fell we believe that everyone accused of a crime deserves a qualified criminal defense attorney. We provide comprehensive services and are standing by to help you. Contact us now at (949) 585-9055 to get started.