Robbery: Charges & Penalties
Robbery differs from a general
theft due to the fact that the property being taken from another is obtained
by way of violence or intimidation. Robbery does not necessarily always
involve the use of a dangerous
weapon, but where it does it is referred to as armed robbery. Depending on the
specifics, robbery can be charged as first degree or second degree but
is always considered a
Robbery Defined: Understanding the Law
One of the most common forms of the theft crimes, the criminal charge of
robbery refers to the actual taking of someone else's property from
their immediate presence or off their person. There are several elements
that must be proven in a robbery case. This includes the following:
You took someone else's property. It must be proven that you gained possession of property that you knew
belonged to another person and took it away. To be convicted there must
have been some form of movement.
You took the property from someone's body or from their immediate presence. When you took the property, it was either something that was being carried
by the victim or it was in their immediate presence. This person does
not need to be the owner of the property but they must have what is deemed
to be "possessory interest" in the stolen good.
You took property against the will of the owner. This is, in simplest terms, defined as taking something against the consent
of the owner. It, however, is important to remember that consent given
out of fear is not considered free will and therefore still fulfills these elements.
You used either force or fear to take the property. Under the law, these elements are essentially the same thing and mean either
using violence or the threat of potential violence to get the victim to
turn over the item in question. For example, pulling a gun would be using fear.
You had the intention to deprive the owner. This could mean intending to deprive the owner of the item permanently
or even temporarily, should it be proven that your taking would cause
them to lose out in a major portion of the enjoyment of the property or
Contact Martinian & Associates for Your Aggressive Defense
It is thus especially important that a Los Angeles
criminal defense attorney from our firm be retained to defend you. Even a first felony
conviction puts one in a very precarious position as to potential penalties
now or in the future. Even if you are suspected of such a crime, if legal
representation is retained early enough it is possible your attorney may
be able to prevent charges from even being filed.
Martinian & Associates, we will conduct a thorough investigation of your case in an attempt to
uncover details which may be used in your defense. For example, the prosecution
must prove that the theft involved a victim who felt threatened. The judgment
of this requirement opens the door to reasonable doubt potentially being
cast. Where applicable, we will be thorough in ensuring this point is
considered by the court. We will pursue any avenue which may lead to an
improvement in your legal position and will work with the goal of dismissed
charges or an acquittal.