Experienced Los Angeles Lawyer for Robbery Charges – Protecting Your Rights

Robbery is a serious offense under California Penal Code § 211, involving the unlawful taking of another person’s property through force, fear, or intimidation. As one of the most severe theft-related crimes, robbery is charged as either first-degree or second-degree, both carrying significant penalties. A conviction can result in years of imprisonment, hefty fines, and a permanent criminal record that may limit your career, housing, and future opportunities.

At The Law Offices of Arash Hashemi, we are committed to defending clients against robbery charges with skill and determination. With over 20 years of experience, our lawyer for robbery charges provides comprehensive legal representation designed to challenge the prosecution’s evidence, protect your rights, and achieve the best possible results. Whether negotiating for reduced charges or fighting for a dismissal in court, Attorney Hashemi is a dedicated Los Angeles criminal defense attorney who will advocate tirelessly for your future.

If you or someone you know has been accused of robbery in Los Angeles, take action immediately. Contact our robbery defense lawyer today at (310) 448-1529 or fill out our online contact form to schedule your free consultation. Let us evaluate your case and guide you through the legal process with confidence and expertise.

Understanding Robbery Charges Under California Penal Code 211

Robbery is defined as the unlawful taking of another person’s property directly from their possession or immediate presence, without their consent, and through the use of force, fear, or intimidation. Robbery is considered one of the most serious theft crimes under California law because it involves direct confrontation and potential harm to the victim.

This crime differs from other theft crimes like burglary or larceny, as it specifically requires the use of force or fear. This added element makes robbery a violent crime, subjecting those convicted to severe legal consequences.

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    Proving Robbery Under Penal Code § 211 in Los Angeles

    What Must Be Proven for a Robbery Conviction?

    • Unlawful Taking: The defendant must have taken property that did not belong to them. This requires evidence that the property was moved, even slightly, and that the defendant exercised control over it.
    • Immediate Presence: The property must have been taken from the victim’s immediate possession or control. This means the item was within the victim’s physical reach, proximity, or area of control at the time of the offense.
    • Lack of Consent: The taking must have occurred without the victim’s permission. Any assertion of consent must be refuted by the prosecution.
    • Intent to Permanently Deprive: The defendant must have intended to permanently deprive the owner of the property or its value. Temporary use or borrowing typically does not meet this standard.

    The Role of Force or Fear in Robbery Charges

    • Use of Force: Physical actions, such as grabbing, striking, or pushing, to overpower the victim or prevent resistance, are central to proving robbery.
    • Fear for Safety: Threats or intimidating actions that cause the victim to fear for their safety or the safety of others also satisfy this element. Fear does not have to be extreme; it must simply be reasonable under the circumstances.

    If even one of these elements is not supported by credible evidence, the charges may fail. This makes it essential to have an experienced Los Angeles robbery defense attorney that can identify weaknesses in the prosecution’s case and effectively challenge the evidence.

    Differences Between First- and Second-Degree Robbery in California

    Robbery is categorized into two degrees based on the circumstances of the crime. First-degree robbery applies to cases involving aggravating factors, such as robberies that occur inside inhabited dwellings like homes or apartments. It also includes crimes targeting public transportation passengers or drivers, including those on buses, taxis, or rideshares. Additionally, robberies committed immediately after a victim uses an ATM or while they are still in the vicinity are classified as first-degree robbery.

    Second-degree robbery encompasses all other forms of robbery that do not meet the criteria for first-degree charges. Examples include street confrontations where force or threats are used to take property or incidents in retail stores involving physical intimidation or violence to steal merchandise. It is essential to understand these distinctions, as first-degree robbery carries significantly harsher penalties than second-degree robbery. Knowing the degree of the charge is critical to mounting an effective defense.

    Legal Penalties for First- and Second-Degree Robbery

    Robbery is always charged as a felony in California, with the penalties varying depending on whether the crime is classified as first-degree or second-degree robbery. Regardless of the degree, a robbery conviction carries severe legal consequences that can significantly impact your future.

    First-Degree Robbery

    First-degree robbery involves aggravating circumstances, such as targeting individuals in inhabited dwellings, public transportation, or near ATMs. Penalties include:

    • Prison Sentence: 3, 4, or 6 years in state prison.
    • Fines: Up to $10,000.

    Second-Degree Robbery

    Second-degree robbery applies to cases that do not meet the criteria for first-degree robbery. Penalties include:

    • Prison Sentence: 2, 3, or 5 years in state prison.
    • Fines: Up to $10,000.

    Additional Penalties

    Under California’s Three Strikes Law, robbery is classified as a violent felony, meaning a conviction counts as a strike on your record. If you accumulate three strikes, you could face a sentence of 25 years to life in prison. Additionally, defendants may be ordered to pay restitution to victims to compensate for any financial losses incurred as a result of the crime. Beyond these legal penalties, a robbery conviction can have lasting collateral consequences, such as a permanent criminal record. This record can negatively affect your ability to secure employment, housing, professional licenses, or immigration benefits, significantly impacting your future opportunities. Given these high stakes, consulting an experienced robbery defense attorney is essential to protecting your rights and building a strong case.

    Legal Defenses for Robbery Charges in Los Angeles

    Several specific defenses may apply depending on the facts. First, if no property was unlawfully taken from the victim, the crime does not meet the legal definition of robbery, and the charges may not hold. Similarly, robbery requires the use of force, threats, or intimidation; if these elements were absent, the prosecution may not be able to establish the offense.

    Mistaken Identity and False Accusations

    Mistaken identity is another common defense, as robbery cases often rely on eyewitness testimony, which can be unreliable. Victims may misidentify suspects due to stress, confusion, or the presence of a disguise. False accusations may also arise from personal disputes or ulterior motives, and these can be effectively challenged by scrutinizing the accuser’s claims. Additionally, if you had permission to take the property or believed in good faith that you had a lawful claim to it, this lack of intent to commit theft can be used as a defense.

    Challenging Witness Testimony and Evidence

    Robbery also requires that the property was taken from the victim’s possession or immediate presence. If the property was not within the victim’s immediate control or vicinity, this element of the crime is not satisfied. In cases where the defendant was coerced or forced to commit the act under threats of harm to themselves or a loved one, the defense of duress may apply, as it negates the element of voluntary intent.

    Unlawful Police Conduct

    Moreover, if law enforcement violated your constitutional rights during the investigation—such as conducting an unlawful search, failing to secure a valid warrant, or mishandling the arrest—any evidence obtained may be suppressed. Mistakes during pretrial identification procedures, like improper police lineups, can also lead to unreliable witness testimony, which can be challenged in court. Each of these defenses underscores the importance of having an experienced lawyer for robbery charges who can evaluate the prosecution’s case, identify weaknesses, and fight to protect your rights and future.

    Consult an Experienced Lawyer for Robbery Charges in Los Angeles Today

    A robbery conviction under Penal Code 211 can lead to life-altering penalties, including years in prison, substantial fines, and a permanent criminal record that can severely impact your future. If you have been arrested or charged with robbery, it is essential to act quickly to protect your rights and secure skilled legal representation from an experienced lawyer for robbery in Los Angeles.

    Attorney Hashemi brings over 20 years of experience defending clients against serious felony charges, including robbery cases. Our firm will carefully examine the details of your case, challenge evidence that fails to meet legal standards, and craft a defense strategy tailored to your circumstances. Whether through negotiating reduced charges or representing you in court, we are committed to achieving the best possible outcome for your case.

    Schedule Your Consultation Today

    Arash Hashemi, a skilled Los Angeles criminal defense attorney, providing expert legal representation for clients in California.