Thursday, July 2, 2009

Common Defenses to Robbery

A theft becomes a robbery when the taking of property is accomplished with the use of force or fear. The Property must be taken from a person or their immediate presence.

Robbery is a very serious offense and carries harsh penalties. Robbery is also a ‘Strike’, under California’s Three Strikes law. As such, consequences of a robbery conviction can be lifelong. For more information on the affect of a ‘Strike’ conviction see http://www.rossgreenlaw.com/three-strikes.htm. Robbery can only be charged as a Felony.

Potential Penalties for Robbery
• Felony Jail Time (Up to 4 Years)
• A ‘Strike’ under California’s Three Strikes Law
• Fine• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Robbery
• Failure to Give Miranda Warnings
• Force used in Self-Defense
• Lack of Intent to Permanently Deprive
• Abandonment of the Property
• Property Not Taken from Person or their Presence

Attorney Criminal Redwood City San Mateo County

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