Orange County Robbery Lawyer
Were you arrested for committing a theft offense?
Robbery is a theft offense that involves taking something by threat or force. This is distinct from regular theft, because all theft offenses do not necessarily have to involve force and threatening. California Penal Code § 211 details the criminal offense of robbery as well as the penalties for those who have been convicted. If you have been arrested for this type of offense, please do not hesitate to get in touch with an Orange County criminal defense attorney from The Law Office of Bruce C. Bridgman.
According to California Penal Code 211,
Robbery is 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.
This criminal offense rests on its definitions. If "force" or "fear" cannot be proven, for example, then the robbery charges may not have enough evidence to warrant a conviction or continuation of the trial. What exactly does the penal code take "force" or "fear" to mean?
Force & Fear: According to § 212, fear can be one of two things. First of all, it could involve an "unlawful injury to the person or property of the person robbed, or of any relative or member of his family." Second, fear could involve having a fear of "an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery."
As you can see, robbery can be defined as the unlawful taking of someone's property by means of actual force or by means of threatened force (coercing fear).
Possible Defenses & Penalties for Robbery
If you are convicted of robbery of the first degree, you could be punished by imprisonment for three, six or nine years for robbery of an "inhabited dwelling" and three, four or six years for all other cases of first degree robbery. Second degree robbery is punishable by imprisonment for two, three or five years. To learn more about the penalties for robbery, refer to the California Penal Code § 213.
So what are some defenses against a robbery allegation? One potential defense is that there was no force or fear. If you did not use force or threatened force to accomplish the theft, then the robbery charges cannot stand and your charges will likely be reduced to something else. Another type of defense is claiming that the allegations are purely false. If a "victim" fabricated a robbery claim, there must be hard evidence present in order to convict you.
There are eight basic elements of any robbery case. In order for a robbery charge to be placed against any individual, there must have been a trespassing, a taking, carrying away, carrying away of that personal property, the personal property must have belonged to another, intention of stealing, intention of stealing from the person, stealing by means of force or threat of force.
If you or a loved one has been arrested for robbery of a person, a store or a group of people, do not hesitate to get in touch with an Orange County robbery attorney from the firm today. The Law Office of Bruce C. Bridgman has years of experience. In fact, Mr. Bridgman was formerly a deputy district attorney. Trust his knowledge and experience to go to work for your defense!