Top San Juan Capistrano, CA Robbery Lawyers Near You

The Crime of Robbery

To commit robbery a person must take property from another person with the intent to permanently deprive the person of that property. In most cases, robbery is considered a felony, and you can be incarcerated in prison for many years if you are convicted.

What Is Robbery?

Robbery occurs whenever a perpetrator steals an item from a victim, while also leveraging physical force — or a threat of physical force — while committing the crime.

There are several different types of robbery, ranging from bank robbery to carjacking to mugging.

What Is the Difference Between Robbery and Theft?

The primary distinction between robbery and theft is that the former requires the element of violence (threatened or actual) while theft can occur without any use of, or suggestion of, force. Theft is generally considered to be a crime against property, while robbery is considered to be a crime against a person.

The fact that violence, in one form or another, is a categorical element behind robbery charges means that courts often treat these charges more seriously at both the state level as well as at the federal level.

Armed robbery and various forms of aggravated robbery are the more extreme forms of robbery and are easily distinguished from petty theft or burglary.

Is Robbery a Felony or a Misdemeanor?

Given that robbery is a crime that involves an element of violent force, it is almost always defined as a felony, both at the federal level as well as at the state level.

This is another point of differentiation between robbery and theft. Theft of a small sum of money or goods valued at a modest sum may result in a misdemeanor charge, rather than a felony charge.

Can You Go to Jail for Robbery in California?

Yes, you can go to jail if you are convicted of a robbery charge. If you are found guilty of robbery, you could face up to 15 years in jail or more in certain circumstances — if serious bodily injury or death results from the commission of the offense, there can be a penalty enhancement.

Sentencing in response to convictions on robbery charges varies from state to state. However, the punishment ranges from three to 15 years in most instances if you are found guilty. In some states, robbery can be classified as either a first-degree felony or a second-degree felony. Those convicted of second-degree felony robbery can face up to five years in state prison as well as a fine of no more than $10,000. If you are found guilty of first-degree felony robbery, you could face up to nine years in state prison in addition to any fines.

Armed robbery charges can lead to more severe punishment if you are found guilty. In some states, there is a 10-20-life rule in place for crimes involving the use of a firearm. In such instances, first-time offenders might face a mandatory minimum sentence of 10 years. Repeat offenders can see a minimum sentence of 20 years, and finally a life sentence if they do not deter from violent criminal behavior.

Do I Need a Lawyer for a Robbery Charge?

If you are facing charges related to a robbery charge whether simple robbery, armed robbery or aggravated robbery, it would be in your best interests to secure adequate legal representation as soon as possible.

Not only can a skilled criminal defense lawyer help you with possible defenses against the robbery charges (from simple innocence if the prosecution is perceived to have a weak case to other options such as entrapment, duress, etc.), but they can also best advise you as to how to move forward. Attorney-client privilege protects the discussions between you and your lawyer, allowing you to discreetly divulge any pertinent information or evidence as well as to strategize without fear of legal repercussions. Your lawyer may also present the option of negotiating with the prosecution in the form of a plea deal or bargain.

Without the benefit of strong legal counsel, your odds of securing an acquittal decrease significantly. A conviction in response to robbery charges could result in a lengthy prison sentence, significant fines and a permanent criminal record — or an aggravation and addition to an existing record.

Are You Facing Robbery Charges?

When faced with robbery charges, consulting with a robbery defense attorney is crucial. He or she can explain your legal rights and aggressively defend you.