Los Angeles Armed Robbery Attorney
California Penal Code 211 PC defines the crime of robbery as the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. Robbery is a felony punishable by up to 9 years in state prison.
A robbery is considered a violent felony under the “Three Strikes Law” of California, which mandates a life sentence for a third felony conviction. This law can have stiff consequences for armed robbery. Because of the danger level involved in this type of offense, prosecutors typically seek prison time for most robberies.
The judge will look at how the robbery was accomplished to determine what an appropriate sentence should be and how dangerous they believe you are to the community. To avoid a prison sentence, the judge must find that “unusual circumstances” existed during the commission of the subject robbery.
It's important to note that the judge has the discretion to consider mitigating factors in your case. This means that your unique circumstances can be taken into account, potentially leading to a more favorable outcome.
The penalties for robbery are outlined in Penal Code 213 PC. The consequences depend on whether you commit robbery of the first degree or the second degree.
Real Case Example
A recent case that I handled is an example of the unusual circumstances that must exist to avoid a lengthy prison sentence. The convicted person must serve 85% of whatever time they are sentenced to on the robbery charge. I have been practicing as an armed robbery attorney in Los Angeles, CA, for over 25 years.
In the case I recently handled, my client and his friend robbed two separate people at gunpoint. At first glance, most criminal defense attorneys would tell you that there is no way that either of those defendants has any chance of getting probation, and they would likely end up with 12 years in prison and two strikes on their record.
This would be the low term for a robbery charge and an additional ten years for using a gun during a robbery. However, as you might guess, nothing is what meets the eye regarding criminal defense.
In this case, the defendants used unloaded bb-guns and only took the victim's phones and a small amount of cash. My client was a 19-year-old who was addicted to drugs and was stealing to help support his drug habit. Fortunately, no one was hurt, and the robberies were accomplished quickly without too much trauma to the victims.
As experienced criminal defense lawyers, we obtained probation for the client and some local jail time. This means that the client was not sent to a state prison but served his sentence in a local jail. He has been released from custody and must complete an outpatient drug program.
At the end of the probation, if he has done everything he is supposed to and has not sustained any new arrests, we will be able to get the robbery charge dismissed. He will also be able to plead to a grand theft charge, which will allow him to get the case dismissed and pursue a career ultimately. This potential for a positive outcome should give you hope in your situation.
It took a lot of convincing and skill to make the prosecutors see that this was a life worth saving. Having a robbery on his record for the rest of his life was something that would have destroyed my client and put him in a position where he could never get a job or advance in his life.
Each armed robbery case is unique, and it's crucial to seek legal advice to understand your options. By coming in to discuss your situation, we can work together to determine the best course of action for your defense. Remember, there are options available to you, and seeking legal advice is the first step toward a potential positive outcome.
What is Armed Robbery?
Armed robbery is a felony offense in California that involves the use of a weapon in carrying out the crime. Penal Code 211 PC defines robbery as the crime of taking the property of another from their possession by force or fear. Armed robbery is a much more severe crime than robbery because it involves the use of a weapon.
Penalties for armed robbery can result in fines of up to $100,000 and imprisonment of up to 40 years. The sentencing depends on numerous factors, such as the crime's severity and any priors' existence.
For example, the use of a gun during a robbery can add ten years to the sentence, and the discharge of a firearm during the robbery can add 20 years to the sentence.
As your defense lawyer, we fight aggressively on your behalf and do everything possible to get the best possible results. We'd like to assert any defenses applicable to your case and try our best to resolve it.
If you are facing charges of armed robbery, there are several defenses we may be able to assert aggressively on your behalf. Common defenses to armed robbery are the claim of right of property taken, lack of intent to take the property, no force or fear used, the fact that you were not the one who even committed the robbery, and false accusations.
Let us help you protect your rights and take control of your matter. If you are being charged with armed robbery, contact our Los Angeles Defense Attorneys to discuss the details of your arrest.
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