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Orange County Robbery Defense Lawyer
Violation of California Penal Code Section 211
Robbery is a violation of California’s Penal Code Section 211. Robbery is always classified as a felony offense. Robbery is also a “strike” under the “3 strikes law”. The elements of robbery are:
- The victim had in his possession a property of some value;
- The property was taken from the victim and his immediate presence;
- The property was taken against the victim’s will;
- The property was taken by force or violence;
- The property was taken with specific intent to deprive the victim of the property.
Robbery is considered a crime with specific intent. For that reason, in California, the penalties for robbery are severe because it is perceived as a crime against the victim’s will through the use of force or fear. Robbery also carries a stereotype image of “stick ‘em up” robbers wearing masks and wielding guns. But in California, less obvious criminal acts can also be classified as “robbery.”
For instance, there could be a home break-in, while residents were inside. If the residents feel threatened physical harm and personal property is taken, then not only could the defendant be facing charges of burglary (California Penal Code 459), but robbery as well. Note that burglary may be prosecuted as either a felony or misdemeanor. Burglary describes an act (or a series of actions) that results in trespassing (entering a building or automobile), or loitering unlawfully with intent to commit any crime (not necessarily a theft – for example, vandalism). Even if nothing is stolen in a burglary, the act itself is a statutory offense. Robbery is the next level because it can only be charged as a felony.
Another example. The victim could be drugged or drunk and is unconscious. If the defendant is caught stealing possessions from the victim while they are unconscious and, after being caught in the act of stealing, the owner feels threatened with physical harm, there could enough for a charge of robbery. Without the charge of threat, it is possible that the prosecutor may go for a lesser charge of grand theft (PC 487) or petty theft (PC 484).
Proper Defense, Effective Solution
Anytime the defendant is facing felony charges, the defense must move decisively and quickly. Specific actions must be taken in planning your defense. Your attorney must be aggressive and proactive to preserve evidence, file appropriate motions and propound discovery.
Please contact our office today if you or someone you know has been involved or is alleged to be involved in this crime. We will set an appointment to discuss your case details and possible defense strategies. The initial consultation is free.
The Law Offices of Stull & Stull has the utmost experience and expertise in California robbery, burglary and theft laws. Attorney Adam Stull previously acted as a prosecutor and has handled a variety of cases – many of them very serious. We are very familiar with the range of complexity that may accompany even the simplest cases.
Our familiarity extends to experience, but also with practical advantage of California traffic laws are constructed. We can respond appropriately, as well as to propose lawful alternatives to various penalties or sentences that can end up being unnecessarily harsh or unjust.
The Law Offices of Stull & Stull has more than 45 years of combined criminal trial experience in Orange County as well as Los Angeles, Riverside, San Bernardino, San Diego, Santa Barbara, Kern, Tulare, Fresno and Ventura counties. The Law Office of Stull & Stull is based in Laguna Hills, California.
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