Charged with Robbery in California? Learn How to Get Second Degree Charges Dismissed

If you’ve been charged with second-degree robbery in California under Penal Code Section 211, you’re facing a serious felony offense with severe consequences. A conviction could result in up to five years in state prison, significant fines, and a permanent strike on your criminal record. These penalties can affect every aspect of your life, including employment, housing, immigration status, and your reputation in the community.

But being charged doesn’t mean you’ll be convicted. Many second-degree robbery cases can be reduced—or even dismissed entirely—when you have the right defense strategy and an experienced criminal attorney by your side. Prosecutors often rely on unreliable witness statements, misinterpreted evidence, or incomplete investigations to file these charges.

At The Law Offices of Arash Hashemi, we have over 20 years of experience helping clients fight robbery charges in Los Angeles and surrounding areas. We understand how prosecutors build these cases and know how to challenge every part of their argument. If you’ve been accused, now is the time to act. The earlier we get involved, the more options we have to get your second-degree robbery charge dismissed or reduced before it ever reaches trial.

Call our office today at (310) 448-1529 or fill out our online form to schedule a free consultation. We’ll review your case, explain your options, and start building a defense focused on protecting your freedom and your future.

What Must Be Proven for a Second-Degree Robbery Conviction in California

If you’ve been arrested for second-degree robbery, the prosecution is already working to build a case against you under Penal Code 211. But before they can convict you, they must prove every legal element — and any weak link in their case is an opportunity for your defense attorney to get the charges reduced or dismissed.

To convict someone of second-degree robbery, the state must prove all of the following beyond a reasonable doubt:

• You took property that didn’t belong to you.

• You used force or fear to take the property.

• The property was taken directly from the person or in their immediate presence.

• You intended to permanently deprive them of that property.

Second-degree robbery differs from first-degree robbery in that it typically occurs outside of a home, vehicle, or ATM — but it is still a felony, and still considered a serious strike offense under California’s Three Strikes Law.

If your attorney can show that any of these elements are missing, unclear, or unproven, your second-degree robbery charge could be reduced to a lesser offense — or dismissed altogether. At The Law Offices of Arash Hashemi, we examine the entire case — from arrest to evidence — to find the legal weaknesses that can get your charges dropped.

Legal Defenses That Can Help Get a Second Degree Robbery Charge Dismissed

Every robbery case is different, but one thing remains the same: prosecutors must prove every element beyond a reasonable doubt. That gives your defense attorney multiple angles to challenge the case — especially when the facts don’t support the charge. Here are the most effective defenses our firm uses to beat second-degree robbery allegations in Los Angeles courts.

Mistaken Identity

Witness misidentification is one of the most common causes of wrongful arrests in robbery cases. In the heat of a confrontation — especially if weapons, fear, or chaos are involved — people often confuse faces, details, or even who was involved at all.

We examine how the identification occurred, including:

• Whether the lighting, distance, or stress impacted perception

• If the police conducted a suggestive or flawed lineup

• Any surveillance or GPS evidence proving you were elsewhere

By exposing weaknesses in how you were identified, we can undermine one of the prosecution’s core claims.

Lack of Intent to Steal

Robbery requires more than just being present — the prosecution must prove you intended to permanently deprivesomeone of their property using force or fear.

We challenge this by showing:

• There was no intent to steal (e.g., it was a misunderstanding or verbal dispute)

• Your actions were misinterpreted (e.g., reclaiming your own property)

• There is no clear motive that supports robbery charges

Without proof of intent, a second degree robbery charge can quickly fall apart.

False Allegations

Sometimes, robbery charges are the result of personal disputes, exaggerations, or lies. Whether it’s a retaliatory claim or a conflict gone sideways, false accusations are more common than most people think — and they require aggressive defense.

We dig into the relationship between you and the accuser, looking for:

• Motives to lie (money, revenge, jealousy, legal leverage)

• Inconsistencies in their version of events

• Conflicting witness statements or physical evidence

The more contradictions we expose, the harder it becomes for the prosecution to meet their burden.

Insufficient Evidence

In many cases, the state’s case is thin — relying on hearsay, circumstantial claims, or incomplete reports. But a conviction requires solid proof of every element. If we can show that the case lacks reliable evidence, we press for dismissal.

We review:

• How the evidence was collected and whether it’s admissible

• Whether any key details were left out or poorly documented

• Gaps in the chain of custody or flaws in how items were linked to you

Our strategy is simple: raise doubt, expose weak links, and show the case doesn’t hold up under scrutiny.

Self-Defense or Defense of Property

Sometimes force is used — not to commit a crime, but to protect yourself or your belongings. If you were defending against a threat or trying to retrieve stolen property, your actions might be legally justified.

We build this defense by gathering:

• Surveillance video or witness testimony showing you were reacting to a threat

• Medical records or photos showing injuries consistent with self-defense

• Context that shows the other party was the aggressor

California law recognizes the right to defend yourself. If your actions were reasonable under the circumstances, we’ll use that to fight for a full dismissal.

Real Case Result: Second Degree Robbery Charge Dismissed in Los Angeles

Our firm recently secured a full dismissal for a client facing a serious second-degree robbery charge under Penal Code 211 — a case that could have resulted in up to five years in California state prison.

Case Summary
Court: Superior Court of California, Los Angeles
Charge: Second Degree Robbery (PC 211)
Exposure: Up to 5 years in state prison

The client was arrested after an incident involving disputed property and conflicting witness statements. The prosecution alleged that force was used during the interaction, triggering a robbery charge. But the facts didn’t align with the law — and we made sure the judge saw that clearly.

Our Legal Strategy

Attorney Arash Hashemi conducted a thorough review of the arrest reports, bodycam footage, and statements made by all parties involved. At the preliminary hearing, we demonstrated that:

• The alleged use of force did not meet the legal definition required for robbery

• Key witness statements were inconsistent and unreliable

• The prosecution failed to prove the necessary element of intent to permanently deprive

The Result: Dismissed

After hearing our argument and reviewing the evidence, the judge ruled that the case lacked sufficient legal grounds to move forward. The charge was dismissed before it could go to trial.

This outcome saved our client from a felony conviction, a potential prison sentence, and the long-term consequences of a violent crime on their record.

Why Clients Choose The Law Offices of Arash Hashemi for Robbery Defense

• Proven Results
  We’ve secured dismissals, reductions, and favorable outcomes in complex robbery cases — including recent dismissals in Los Angeles courts.

• Personalized Defense Strategy
  Every case is different. We take the time to understand your unique situation and build a legal strategy tailored to the facts — not a one-size-fits-all approach.

• Relentless Advocacy
  Whether we’re challenging police conduct, cross-examining unreliable witnesses, or pushing for dismissal at the preliminary hearing, we fight to protect your freedom and your future at every stage.

Contact a Los Angeles Robbery Defense Lawyer Today