Oakland Robbery Lawyer
Depending on the type of robbery charges you face, you could be looking at considerable jail time and other collateral consequences.
Seth Morris Defends Against All Robbery Charges
If you are facing robbery charges in Oakland, CA, you may be facing far more severe charges than you realized. Under California Penal Code § 212.5, first-degree robbery is always a felony. In addition to first-degree robbery charges, you could also be charged with:
- Aggravated robbery under California Penal Code § 211
- First-degree robbery under California Penal Code § 212.5(a) and (b)
- Second-degree robbery under California Penal Code § 212.5(c)
- Armed robbery under California Penal Code § 211
California Robbery Laws
Certain elements must exist for the prosecution to prove you committed robbery. These include:
- Taking property that was not yours – This means you took possession of property and moved it away from the owner
- Taking property that was in someone else’s possession – Possession refers to both actual and constructive possession, which includes the physical possession as well as the right to control
- Taking property from someone else’s person or presence – A person’s “immediate presence” includes the person’s physical control; meaning they would have retained possession if the robbery hadn’t happened
- Taking property without the person’s consent – Consent can only be given freely and without coercion
- Using force or fear to prevent the person from stopping you – Fear, in this case, refers to someone worrying about the physical injury of themselves, their family, their property, or anyone else present
- Having intent to deprive its owner of the item – The prosecutor must show that you had the intent to deprive the victim of their property
Penalties for an Oakland, CA Robbery Conviction
Robbery is always a felony. But the consequences you’ll face can vary depending on whether you have been charged with first or second-degree robbery.
A conviction for second-degree robbery could result in up to three years in prison and fines as high as $10,000. But a conviction for first-degree robbery could land you in prison for up to six years and cost you $10,000 in fines.
The consequences you face will ultimately be determined by the aggravating factors present. Potential aggravating factors include:
- Having a prior criminal history
- Lack of remorse
- Someone suffering serious injury
- A child being involved or injured
- The location of the robbery
Additionally, you could deal with several other criminal and collateral consequences related to a robbery conviction, including:
- Felony (formal) probation
- A strike under California’s three-strike law
- Random drug or alcohol testing
- Community service
- Drug or alcohol treatment
- License suspension
- Difficulty finding gainful employment
- Child custody disputes
- Immigration or citizenship troubles
- Loss of federal student aid eligibility
Potential Sentencing Enhancements
Further, suppose you are found guilty of California’s great bodily injury enhancement under California Penal Code § 12022.7. In that case, your sentence could be increased by as much as six years if another person is severely injured during a robbery.
If a firearm was involved in the robbery, under California Penal Code § 12022.53 “10-20-life use a gun and you’re done”, you could receive an additional twenty-five years to life in prison if you are convicted.
Morris Law Crafts a Strong Defense Strategy
No matter what charges you face or how complex your case is, our theft attorneys have the resources and experience to provide a compelling defense. One or more of the following defenses may be available to you:
Failure to Prove Elements of Robbery
You can only be convicted of robbery if the prosecutor proves all the elements of the crime have been met. This includes the use of fear or force. If you did not take any specific action to cause fear or force, your charges should be reduced or dismissed entirely.
People make false accusations all the time, depending on their ulterior motives. Sometimes, an ex may be trying to get revenge. In others, the person who committed the crime may be trying to hide their own guilt. Your lawyer will thoroughly examine the details of your case to obtain the evidence needed to support your case.
Often, the state will rely on witness statements or pretrial lineup identifications to make their case. But this often leads to mistaken identity when you meet the exact description of the suspect. Unless evidence proves you are guilty beyond a reasonable doubt, you should not be convicted of the robbery charges against you.
Claim of Right
The claim of right defense refers to the situations in which you had reasonable belief that the property you were taking belonged to you. This may be a valid defense whether you had a right to the property or were mistaken.
Contact a Robbery Lawyer in Oakland, CA Today
Your robbery charges do not have to follow you for the rest of your life. Put this experience behind you by obtaining a favorable outcome in your case.
Schedule your confidential case evaluation with a reputable Oakland, CA robbery lawyer at Morris Law to start working on your defense strategy today. Reach us through our secured contact form or by phone at 510-225-9955.