Not all types of robber are considered equal. In the state of California, armed robbery is punished more severely than most other types of robbery. That fact might not surprise you, but learning just what armed robbery is, in legal terms, and what the consequences can be might surprise you. Read on to learn more and then contact Law Offices of Patrick S. Aguirre at 800-572-1252 if you are in need of a free legal consultation.
Robbery is Always Charged as a Felony
Some theft crimes are wobbler offenses, which means that the prosecution can decide to charge them as a misdemeanor or a felony, depending on the defendant’s criminal background and the specifics of the case. However, robbery is always charged as a felony. It can result in fines of up to $10,000 and as much as nine years in prison. That said, sentencing enhancements can add even more time to a person’s prison sentence.
Legally Defining Robbery
In California, the prosecution must prove several elements to prove a charge of robbery. They must prove that you took property that belonged to someone else, that the victim had possession of the property when you took it, that the property was in their immediate presence, that you took it against their will, that you meant to deprive them of the property for a significant amount of time, and that you used force or fear to get the property. Armed robbery involves robbery using a firearm.
Armed Robbery Defenses Are Not Always Complicated
You will note that there are seven elements listed in the previous paragraph that the prosecution must prove in order to have legally proven their case. You do not have to show that none of these are true – you only have to prove that one of these is untrue. For example, if we can show that the alleged victim allowed you to take the item of their own will, or that you took it only for a minute or two and not for an extended period, then we have disproven the case of the prosecutor.
The Next Step is a Free Legal Consultation
If you or a loved one is facing charges of armed robbery then we recommend you contact Law Offices of Patrick S. Aguirre at 800-572-1252 to request a free legal consultation from an experienced criminal defense attorney. The sooner you call us, the better our options will be. We will work to gather evidence on your behalf, find ways to poke holes in the story the prosecution tells, and offer you honest advice along the way. Call now and let us start helping you move on with your life.