San Diego Robbery Criminal Lawyer
Robbery in San Diego
Robbery is taking personal property from another person’s body or immediate presence through force or fear and against the victim’s will. The fear may be of an immediate injury to the person, their property or a member of that person’s family or to anyone in the company of the person robbed at the time of the robbery. In San Diego, a person charged with robbery will face different punishments depending on whether he or she is convicted of first or second degree robbery.
First Degree Robbery
First degree robbery is reserved for the most serious robbery offenses. This includes robberies of drivers or passengers of any type of commercial vehicle, robberies of inhabited residences, and robberies of people who are using or have just finished using an ATM.
Second Degree Robbery
Second degree robbery is reserved for robbery that takes place under any circumstance that doesn’t rise to the level of first degree robbery.
Understanding Penal Code Section 211
In consideration of the seriousness of robbery, California has criminalized it under Penal Code section 211. Under this law, “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”.
Inhabited:
A structure that is used as a dwelling; whether occupied or not.
Basically, to convict someone of PC 211, the prosecutor must prove each of the following elements beyond a reasonable doubt:
- The defendant took property that was not his or her own;
- The property was taken from another person’s possession and immediate presence;
- The property was taken against that person’s will;
- The defendant used force or fear to take the property or to prevent the person from resisting; AND
- The defendant intended to deprive the owner of it permanently;
- Or to remove it from the owner’s possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property.
Robbery is a Felony
Felony First Degree Robbery Penalties:
- Up to 2, 3, or 5 years in California state prison;
- Formal probation;
- A strike under California’s Three Strikes Law.
A total of three strikes on a person’s criminal record means that person could be sentenced to life in California state prison without parole.
Felony Second Degree Robbery Penalties:
- Up to 3, 4, or 6 years in California state prison;
- Formal probation;
- A strike under California’s Three Strikes Law.
A total of three strikes on a person’s criminal record means that person could be sentenced to life in California state prison without parole.
Enhancements for Robbery
An enhancement offense is an offense whose commission alone increases the penalties for the original crime. In California, if a person is found guilty of robbery, that person could face a sentence enhancement of additional and consecutive sentence in state prison depending on the following factors:
Robbery of an Inhabited Structure:
Once convicted of first degree robbery where the convicted person and at least two other people robbed an inhabited structure, a sentence may be enhanced an additional and consecutive 3, 6, or 9 years in California state prison.
Robbery Resulting in Great Bodily Injury:
If a person receives a great bodily injury in the commission of a robbery, an additional and consecutive 3 to 6 years will be added to the original prison sentence.
Robbery Using a Gun:
The use of a gun during a robbery will result in an additional 10 years in California state prison.
A sentence may be enhanced an additional and consecutive 20 years if the gun is actually discharged during the robbery.
Moreover, if a person is injured or killed with a gun during the robbery, an additional 25 years to life will be added to the original prison sentence.
Immigration Implications for Robbery Charges in San Diego
In addition to the criminal penalties under PC 211, a defendant who is not a U.S. citizen and is convicted of robbery will face immigration consequences. Robbery is a violent felony automatically considered an aggravated felony if a sentence of one year or more is imposed. Robbery is also considered a crime or moral turpitude. Crimes of moral turpitude are offenses that the U.S. government considers go against society’s standards of morality.
Consequently, a conviction for robbery could render a non U.S. citizen defendant inadmissible. Inadmissibility means that the defendant will not be eligible for a green card, citizenship or be allowed to re-enter the U.S. If you are convicted of robbery under California Penal Code 211, you may be subject to removal or deportation proceedings. At Monder Law Group, we understand the immigration implications your charges carry and we will ensure that your defense strategies focuses on avoiding these detrimental consequences.
The Optimal Strategy to Secure a Not Guilty Verdict in a Robbery Case
Because of the severity of the penalties that are involved with robbery charges, your criminal defense attorney will have to determine which legal defense strategy will work best in your particular situation.
Here is a list of the most common defenses for robbery:
- False Accusation; you did not commit a robbery.
- You took the property but did not use force or fear to do so.
- You honestly believed that you were the rightful owner of the property.
- You are a victim of mistaken identity.
Your Best Defense against Robbery Charges in San Diego
If you or someone you know is being accused of robbery, you need to immediately contact San Diego criminal defense attorney Vik Monder at (619)405-0063 to handle your case. Robbery is a violent felony that will result in serious prison terms, a strike in your criminal record, and could get you deported if you are not a U.S. citizen.
Do not take the risk, this is the rest of your life we are talking about. Contact attorney Vik Monder at (619)405-0063 he will do everything in his power to fight for you so you don’t have to face the detrimental consequences of theft crime charges, from robbery charges to charges for receipt of stolen property.
