The California Penal Code defines robbery as the taking of another person’s personal property through the use of force or fear. To constitute a robbery, the defendant must take the property directly from the alleged victim or in the immediate presence of the alleged victim.
1st and 2nd Degree Robbery Charges in Los Angeles
Robbery may be charged as first-degree robbery or second-degree robbery. A first-degree robbery includes the robbery of a commercial vehicle, inhabited home or person who just used an ATM machine.
A second-degree robbery includes any robbery that does not rise to the level of a first-degree robbery. The maximum prison sentence for second-degree robbery is five years, whereas a first-degree robbery conviction can result in a maximum prison sentence of six or nine years.
An offender may receive enhanced penalties if they were carrying a firearm during the commission of the robbery. Visit our Armed Robbery Charges to learn more.
Contact a Los Angeles Robbery Defense Lawyer
If you are facing robbery charges, it is critical that you protect your rights by retaining an experienced criminal defense attorney. For a strong defense, contact the Law Offices of Daniel R. Perlman in Los Angeles. Call 213-514-8324 or contact us by e-mail.
Defense Against Robbery Charges in Los Angeles
If retained as your legal counsel, we will take time to carefully review the facts of your case to determine which defenses may be available to your charges, including:
- Lack of sufficient force: There is a fine line between robbery and theft in some cases. For example, if you simply snatched a purse from another person, we may be able to argue that you did not use sufficient force to constitute a robbery offense. If you punched a woman and then took her purse, however, a lack of force defense would not be effective.
- Mistaken identity: Police lineups can be very suggestive. If you were picked out of a lineup, you may have been misidentified, especially if the police said or did anything to influence the victim. Even if no lineup took place, you may have been misidentified because of a bad police sketch or because the victim simply has a poor memory of what happened. When a person is assaulted he or she often goes into shock. In such a state, he or she may not be able to accurately identify the assailant. In fact, eyewitness testimony is notoriously unreliable.
- Lack of proof: The prosecutors must prove their case beyond a reasonable doubt. If they have no eyewitness, confession or other direct evidence, they may find it difficult to sustain their burden of proof.
- Suppression of evidence: Did the police confiscate a stolen item from your car after a traffic stop and subsequent arrest? Did the police confiscate property from your home with a search warrant? If the police did not have sufficient cause to stop your vehicle or obtained a search warrant that was not supported by probable cause, we can file a motion seeking the suppression of any evidence obtained as a result of the search.
As skilled negotiators and trial lawyers, we are ready to provide the vigorous defense you need. Whether your case is best resolved by negotiated plea agreement or by trial, you can be confident that we will fight to protect your rights and seek the best possible outcome on your behalf.
To schedule a free consultation with one of our Los Angeles robbery defense lawyers, call 213-514-8324 or contact us by e-mail.