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Robbery Lawyer Orange County
Robbery Orange County Penal Code 211First, let the top Robbery Lawyers in Orange County give you the relevant law. The relevant portion of the law that is applicable to Robbery in Orange County is summarized below. However, the full text of the Robbery laws in Orange County can be found in California Penal Code Section 211. To prove that the defendant is guilty of Robbery, the Prosecutor must prove that:
- The defendant took property that was not his own;
- The property was in the possession of another person;
- The property was taken from the other person or his 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
- When the defendant used force or fear to take the property, he 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.
Reducing a Robbery Charge To A Lesser CrimeCircumstances may allow the Prosecutor to charge you with Second Degree Robbery, rather than First Degree Robbery. If the victim was a member of a protected class, like a taxi driver, or a person who had just used an ATM, then you may be charged with First Degree Robbery. Also, if the robbery was committed in an inhabited dwelling then a First Degree Robbery charge may result. Our attorneys may be able to show that your First Degree Robbery charge should be reduced to a Second Degree Robbery charge, or even a Misdemeanor Theft charge. Call today for a free and confidential initial consultation. We can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. Our Robbery lawyers in Orange County aggressively challenge the factual circumstances of your case. If we can show that the robbery did not occur in an inhabited dwelling, or if we can show that the victim was not of a protected class then we may be able to get your charges reduced. Also, if we can show that force was not used then we may be able to get the felony dropped to a misdemeanor or infraction.
Will I Go To Jail?
Possibilities & Penalties For Robbery Charges in Orange CountyRobbery is always a felony, meaning that it is punishable by time in state prison and substantial fines. First Degree Robbery may result in a sentence ranging from three to nine years in state prison. A second Degree Robbery conviction may result in a state prison term between two and five years. As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.
Robbery Defenses in Orange County
Our Robbery lawyers in Orange County knows the defenses that may help get your Robbery charge dismissed. There are a number of defenses to Robbery in Orange County, however the applicability of those defenses depends on the facts of your case. For instance, you may have believed that you had a right to take the property. That is a defense in your case that may get your Robbery charge dismissed. (If a person actually believes that he or she has a right to the property, such belief is a defense to Robbery.) One common defense is that you did not use fear or force to take the property. If you did not use fear or force then that is a defense to your Robbery charge in Orange County.
Another common defense is that the police did something wrong while investigating your case. For instance, if the Officer who stopped you did not have reasonable suspicion to stop and detain you then our attorneys may be able to get your case dismissed. Also, if you were detained by Officers who used an unreasonable amount of force then that may be a defense in your case. Another defense may be that formed the intent to take the property after the use of force or fear. The law requires that your use of force or fear is simultaneous with the intent to take the property. If we can challenge the timeline, then we may be able to get your charges reduced or dismissed. Also, if you have been charged with multiple counts of Robbery, we may be able to get all of your charges consolidated into one charge, with one penalty.