Robbery is the unlawful stealing of someone's personal property while they are present, against their will, and under threat of force or physical harm. One of the most prevalent categories of theft offenses in California is this one. Continue reading to learn about possible defense strategies, and if you want a free legal consultation with a skilled criminal defense lawyer, call Law Office of Michael L. Fell at (949) 585-9055 thereafter.
You thought the property belonged to you
You must have intended to commit robbery in order to be found guilty. This implies that you must have stolen the property on purpose. This is a legitimate defense if you honestly believed that the property was yours or that you had a legal claim to it. It should be noted that this only applies when a specific piece of property is being reclaimed; it cannot be used as a defense if you take someone else's property to pay off another debt.
For instance, a person can think that their bicycle is their neighbor's and is parked in their yard. The brand and color of the bike can match. If the accused truly believed the bike was theirs and went onto their neighbor's property, whereupon the owner of the property came out and claimed ownership of the bike, but the accused did not believe them and took the bike back to their home after threatening the property owner not to chance them, then this would not constitute robbery.
You never meant to take the property
It's possible that you accidentally obtained the property because they were using force or intimidation for another reason, rather than because you intended to take it or keep it. You may be found guilty of another crime as a result, but robbery will not be one of them. For instance, it wouldn't be deemed robbery if you took a knife out of someone's pocket because they were attempting to harm you and used it to defend yourself.
There was no use of force or fear
Keep in mind that in order to be charged with robbery, you must have used force or terror to obtain the stuff. In order to obtain the property, this "force" must involve more than just touching the person. For instance, if someone picks someone's pocket or takes something out of their pocketbook while they are walking by, there was no use of force, and even though there may be another crime that applies, robbery is not one of them.
Call Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation if you have been charged with any theft crime. We are ready to assist you in determining the best course of action.