How Does California Law Define First-Degre Robbery?

First-degree robbery is one of the most severe theft crimes under California law. It entails physically stealing another person's property while the owner is present. Additionally, the crime is committed using force, threats, or fear. First-degree robbery is a felony carrying a significant jail sentence and high court fines. A conviction can drastically alter your life and have an extended impact. For example, it could influence how you are viewed while applying for jobs and essential services like insurance. Therefore, if you face accusations of first-degree robbery, you need the best legal representation. Your lawyer will facilitate the legal process for you, aid in your understanding of the legal ramifications of your case, and advocate on your behalf in the courtroom.

The legal Definition of Robbery

Theft laws in California are sometimes used in extensive circumstances. When you take another person's property by using force or violence while they are in the area, you have committed robbery, a theft-related offense. Robbery is very different from shoplifting, burglary, and other theft-related crimes in how it is carried out. However, specific kinds of robbery can affect your sentence if you are found guilty.

According to Penal Code 211, robbery is illegal and is defined as:

• Using violence, force, or threats of violence.
• To take another person's property.
• From the person's immediate possession.
• Intending to deprive the person of that property permanently.

Simply put, robbery happens when you steal something from its rightful owner. The crime can take many forms, like mugging or breaking into people's houses or convenience stores. If you employ a potentially dangerous weapon to commit the robbery, it could escalate into an even more serious crime known as armed robbery. Robbery with a firearm will result in harsher punishment. You can be further penalized if you hurt someone while committing a robbery.

If you face robbery charges, it is crucial that you comprehend the specifics of your case and how they can affect your legal options. A knowledgeable criminal defense lawyer can help you understand your alternatives and develop a solid case against your accusations.

Prosecutors typically select one of two basic categories or degrees when charging robbery, namely:

• First-degree robbery.
• Second-degree robbery.

The seriousness of the offense determines these categories. First-degree robbery is the more severe of the two types of robbery, even though both are prosecuted as felonies. However, you will probably face harsher punishments if you are guilty of first-degree robbery.

The legal definitions of the two categories depend on when and where you committed the offense. Charges of first-degree robbery can suffice in the following situations:

• When you rob someone or attempt to steal from someone in a fare-shared vehicle, like a taxi, pedicab, or limousine.
• Committing a robbery or attempting to commit a robbery on someone when they are inside a home, apartment, building, trailer, or coach.
• Robbery or attempted robbery of a person in an ATM or after they have just left an ATM.
• Forcing someone to use an ATM to withdraw money.
• Robbing someone in front of an ATM.
• Robbing a salesperson at a liquor shop.
• Robbing a pedicab passenger.

The prosecutor will file second-degree robbery charges against you if the facts of your case do not fulfill these criteria.

Keep in mind that crimes like carjacking are not first-degree robberies. It is because you can steal a car from its owner, a temporary driver, or a passenger. While robbery always includes permanent deprivation, carjacking could involve trying to temporarily rob the owner of their vehicle.

The Legal Definition of First-Degree Robbery

First-degree robbery is defined legally under Penal Code 212.5. Its definition consists of the elements of the crime that the prosecution must establish beyond a reasonable doubt for the court to declare you guilty. These elements include:

• That you broke the law by robbing someone.
• You committed the offense in an inhabited building, like a home, trailer coach, boat, or
• The victim was a passenger or driver of a taxi, commercial bus, cable car, trackless trolley, streetcar, subway, or any other kind of transportation for hire, or
• You attacked someone who was using, about to use, or had just used an ATM.

To further comprehend the offense, let us go through some of these components in more detail:

A Robbery Crime

Before proving additional aspects of first-degree robbery, the prosecutor must establish that you committed robbery. Remember that robbing someone else's valuable property requires using force, assault, or threats of harm. Robbery typically involves taking something from someone while also employing force, violence, or threats in their presence.

You are said to have taken something from the victim's person or immediate vicinity when you take it directly from the victim or a location within the victim's control—for example, taking a person's phone and running away after shoving them. Robbery can occur if you grab something from someone's hands or pockets.

You can still face robbery charges even if you do not establish physical contact with the victim. For example, taking a wallet from someone's backpack, jacket, or pocketbook. The crime would still qualify as robbery even if the victim were away from the bag, jacket, or purse. Locking a store employee in another room so you can steal from the cash register is also considered robbery.

But stealing something from someone else's backyard when no one is home is a different form, not robbery. This is because the property owner is absent when you commit the offense.

Inhabited Structure

An inhabited structure has an occupant or occupants. If you commit robbery while the victim is still present or they are gone but plan to return, your charges stand.

Use of Threats, Violence, or Force

Robberies are carried out using force, violence, or threats. The following actions could qualify as utilizing violence, threats, or coercion to commit robbery from another person:

• Threat, intimidation, or pressure on the victim.
• Using physical force to attack the target, like kicking or punching them.
• Grabbing something out of someone else's hands.
• Putting a person in fear of immediate or severe bodily harm if they fail to cooperate.
• Pushing or falling someone to the ground.
• Removing an object from someone's hands or bag.

Note: Violence in robberies does not always lead to injuries. Threats need not be explicit or real, like when committing robbery while brandishing a fake gun. If you gesture to your pocket to show that you carry a dangerous weapon, that still counts as a threat.

Penalties for a First-Degree Robbery Conviction

Robbery is a felony offense in California in all its manifestations. But compared to second-degree robbery and other theft-related felonies, first-degree robbery carries harsher punishment. If the jury finds you guilty of first-degree robbery and one of the following is confirmed, you will probably receive a nine-year jail term:

• You conspired to perpetrate the offense with at least two other people.
• You carried out the act inside a building that was occupied.

Your prison term could decrease to six years if those conditions are unmet.

In addition, if you are guilty of robbery, you can face sentence enhancements that lengthen your prison term. For example, you could receive additional time under PC 12022.7 if the result of your activities was that another person sustained severe physical harm. You could receive another six years in prison due to the sentence enhancement.

Robbery is a strike offense under the Three-Strikes law since it is a violent criminal violation. The number of strike convictions in your criminal history will determine the type of sentence you receive for a strike offense. For example, a robbery conviction would be your second strike conviction if you already have one for a strike offense in your criminal history. If you are guilty, your punishment will be double what the law calls for for the crime. If you already have a conviction for two counts of strike offenses, and this is your third conviction, you could receive a sentence of anywhere from 25 years to life in prison.

Other Consequences of Conviction Under PC 212.5

A conviction for robbery will affect many aspects of your life. For example, it can impact your immigration status. Robbery is a crime of moral turpitude. As a result, a conviction under this act can lead to deportation or a mark against entry into the country. The immigration department will take over your case and attempt to deport you once you finish your prison term. When it happens, you forfeit everything you have worked for and your American friends and family.

Since robbery is a felony, it will affect your gun rights. Keep in mind that felons cannot own or purchase firearms. You instantly lose those rights after receiving a guilty verdict. You must surrender any guns you could have in your possession.

A criminal record has an impact on your interpersonal relationships. Your criminal history will be public. As a result, your conviction will be accessible to anyone running a background check on you. Sometimes, people treat other people differently based on what they learn about their criminal histories. For example, a prospective employer can pass on the chance to hire you due to your criminal history. You can encounter resistance from a landlord due to your criminal record.

You should think about working closely with a knowledgeable criminal defense lawyer if you face charges of first-degree robbery. Your lawyer will help you navigate the legal system more efficiently. They will stand up for and defend your rights, working tirelessly to help you escape conviction.

Fighting a First-Degree Charge During Trial

A conviction under PC 212.5 carries severe penalties. A felony conviction can have a substantial adverse influence on your life for years, in addition to resulting in jail time and a heavy fine. However, you can defend yourself against the charges at trial with the aid of a determined criminal defense lawyer. The law also permits the employment of several legal defense tactics that can persuade the judge to drop or downgrade your charges. The following are some of the most effective tactics an aggressive lawyer can employ in your case:

That You Were Mistakenly Identified

Some people serve time for crimes they did not commit due to mistaken identity. It happens when the victim or another party incorrectly identifies you as a perpetrator in a crime you did not commit. For example, if you face accusations of first-degree robbery, the victim can accuse you of carrying it out instead of the perpetrator. That can be the case if you resemble the offender, are linked to them, or were in the area where the crime was committed.

Robbers typically wear masks, caps, or other accessories to blend in. It indicates that the victims are unable to observe the perpetrator properly. If you were the victim of mistaken identity, your lawyer might tenaciously assert this defense to persuade the judge to throw out your accusations. It could be difficult for the prosecutor to establish all the elements of the crime beyond a reasonable doubt if someone else is the offender. The judge will then throw the case out.

You Did Not Commit Robbery

Keep in mind that robbery is a theft crime, including first-degree robbery. Before demonstrating any additional aspects of first-degree robbery, the prosecutor must establish that you committed robbery. PC 212.5 does not apply if the jury finds you not guilty of the primary offense.

Fortunately, there are several strategies your attorney can employ to refute an accusation of robbery. For example, your counsel can contend that you did not act violently or with force even though you stole someone else's valuable goods. You are also not guilty if you took something from someone else because you believed you had the legal right to it.

The prosecution cannot establish that you committed first-degree robbery if they cannot prove that you committed robbery beyond a reasonable doubt. The court will drop your charges in that situation. But instead of robbery charges, you can face charges for another type of theft-crime if you took someone else's property without their permission.

You Are a Victim of False Accusations

Some robbery accusations are brought after the victim contacts the police and reports a crime. Sadly, some victims accuse persons they dislike or want revenge on through false claims. Particularly for significant offenses like robbery, false accusations are relatively common. Someone falsely accuses another person of a felony charge of landing them into legal difficulties or entirely ruining their lives.

False allegations are frequently made to the police. Sadly, some alleged victims are so bright that they fabricate evidence to ensure that an innocent person is charged with a crime and given a prison sentence.

Someone you know or have a close relationship with could be the accuser. For example, an ex-partner who envies you or wishes to exact revenge. It could also be someone who wants to take possession of what you own and will only succeed if they can eliminate you.

An active criminal lawyer will investigate false accusations in-depth and produce indisputable evidence that you did not commit the crime. The judge will drop your charges if that succeeds.

A Plea Bargain

Most criminal cases are resolved before trial by prosecutors entering into plea agreements. A defendant must consent to enter a guilty plea to a lower charge if the prosecution and defense teams agree on a plea deal. You will likely be found guilty if you go to trial and the prosecution has strong evidence against you. You will not influence the judge's decision regarding the sentencing. You can be severely punished, which could result in a lengthy or permanent prison term.

Your defense lawyer could be open to a plea deal. A mutual arrangement between you and the prosecution will call for you to admit guilt to a less severe crime in return for a lenient punishment. Prosecutors typically welcome plea agreements since they improve the effectiveness of criminal courts and free up time for both the defense and prosecution teams.

If you accept a plea deal, you will escape a more serious criminal charge, receive a shorter sentence, and avoid the trouble and unpredictability of going to trial.

Find a Competent Criminal Attorney Near Me

Are you or a loved one in Los Angeles facing first-degree robbery charges?

It is beneficial to comprehend the criminal charge's meaning, ramifications, and potential penalties. Knowing your choices for contesting your charges in court can also be helpful. A competent criminal lawyer can do that and more. At Los Angeles Criminal Attorney, we begin every criminal legal proceeding by comprehending your situation. Then, we devise a plan that will enable us to handle the case and vigorously pursue the best result.

In dealing with offenses involving theft, we have extensive experience. Thus, we know the best strategies to implement in your case to prevent a conviction and its repercussions. Call us at 424-333-0943 to learn more about first-degree robbery charges and how we can resolve your issue.