Robbery is aggressively prosecuted and punished in California. A robbery conviction can result in a “Strike” on your record under the California “Three Strikes” Law and up to five years in state prison. Using a gun when committing robbery can add another ten to twenty years. If you or someone you know has been charged with robbery, there is a lot at stake. Hire a criminal defense attorney who is experienced in robbery cases and well versed in the defenses to robbery. Contact Rodriguez, Lewis & Kahn for a free, confidential evaluation of your case.

CALIFORNIA LAW

Robbery is taking property from someone against his or her will using force or fear. When the force involves a deadly weapon, it is referred to as “Armed Robbery.” When physical force is used, it is referred to as “Strong Arm Robbery.”

In California, Robbery is defined in Penal Code Section 211. To convict you for Robbery, the prosecution must prove all of the following elements:

• You took property that was not yours
• You took the property from the person or from his or her immediate presence
• You took the property against the person’s will
• You used force or fear to take the property or to prevent the person from resisting
• When you used force or fear to take the property, you either intended to deprive the person of it permanently or you intended to remove it from the person’s possession for such an extended a period of time that the person would be lose a major part of the value or enjoyment of the property.

Robbery is charged as either first degree robbery or second degree robbery. You will be charged with first degree robbery if you:

• Robbed someone in an inhabited dwelling, vessel or trailer
• Robbed a bus, taxi, cable car or street car driver
• Robbed a passenger of any vehicle hired for transportation
• Robbed a person who was using an automated teller machine (ATM).

All other kinds of robbery are charged as second degree robbery. In California, all robberies are felonies and are also “Strikes” under the California Three Strikes Law.

PUNISHMENT AND SENTENCING

The penalties for a robbery conviction will depend on whether you were convicted of First Degree or Second Degree Robbery, the circumstances surrounding the crime, your criminal record and whether various sentencing enhancements apply. First Degree Robbery is punishable by 3, 4 or 6 years in state prison. If you commit a home invasion robbery with two or more people, the sentence increases to 3, 6 or 9 years. The term “home invasion robbery” means a robbery of someone’s dwelling, whether it be a house, apartment, condo, houseboat, or motorhome. Felony Second Degree Robbery is punishable by 2, 3 or 5 years in state prison.

Robbery Enhancements
Various robbery enhancements can increase your prison sentence. They include, but are not limited to:

• “10-20-Life”- Use a gun and you’re done. This enhancement adds ten years to your sentence if you used a gun during the robbery. If the gun discharged or fired during a robbery, an additional 20 years are added. If someone is seriously injured or killed with a gun during the robbery, an additional 25-years-to-life is added to your robbery sentence.
• “Great bodily injury enhancement.” This enhancement adds 3 to 6 years to your robbery sentence when a person was substantially injured during the robbery.
• “Criminal gang enhancement.” This enhancement adds an additional 10 years to your robbery sentence when the robbery was committed “for the benefit of, at the direction of, or in association with any criminal street gang.”

In California, robbery is considered both a “serious felony” and a “violent felony.” Therefore, a robbery conviction will add a “Strike” to your record under California’s Three Strikes Law, and if convicted, a defendant will receive 15% “good time” and “work time” credits off his total prison term. Having a strike means that your next felony conviction will result in a sentence that is twice the length of what would otherwise be required. If you have two strikes on your record and are subsequently convicted of a felony, the mandatory minimum sentence is 25 years-to-life imprisonment.

LOS ANGELES ROBERRY ATTORNEYS

The Los Angeles criminal defense attorneys of Rodriguez, Lewis & Kahn have successfully defended many individuals charged with robbery. We understand the stakes are high and we aggressively represent our clients at every stage of the criminal proceedings - - from arraignment through pre-trial negotiations and trial. We are experienced and effective trial lawyers. We realize that the best results often occur on the eve of trial. If necessary, we will prepare for trial to obtain a “not guilty” verdict. In some cases we have been successful in reducing a robbery charge to a less serious offense and avoiding state prison altogether. Call us for a no-charge confidential evaluation to discuss your case and see if we can help you.