San Fernando Valley Criminal Defense Attorney

Valleys Top Rated Criminal Defense Attorney

San Fernando Valley Robbery Attorney

LEARN HOW PROSECUTORS AND JUDGES DEAL WITH ROBBERY CASES IN LOS ANGELES COUNTY

Just to give you an idea of how serious a robbery case is perceived by the judges and prosecutors, not too long after the Three Strikes Law was passed in the early 1990s, the legislature decide to make robbery cases fit within the dictates of the three strikes law and judges and prosecutors decide that anyone convicted of a robbery in Los Angeles would go directly to prison unless their attorney could show that there were unusual circumstances surrounding the particular set of circumstances leading to the subject case. This was not an easy thing to do and I have found myself in many battles over the course of the past 25 years of trying to keep my clients out of long prison sentences.

Mitigating factors that can take a robbery case outside the prison zone include, but are not limited to, no weapon being used, not injury occurred during the robbery, the property was returned to the victim, there was no sophisticated means used during the planning or execution of the robbery and the person involved has no criminal record. The above mitigating factors are not hard and fast rules, but are certainly circumstances that the prosecutors will take into account when deciding how to handled the case and what the punishment should be.

A robbery, defined by California Penal Code section 211, is a serious felony and considered a "Strike" under the California Three Strikes Law as it is a violent felony. Robbery is the felonious taking of the personal property of another from his person or immediate presence without consent by using force or fear.

If an individual uses a gun during the commission of a robbery, there is a 10 year enhancement that is added onto their sentence, of course if the prosecution can prove the use of a gun.

Many people get confused between robbery and burglary. Robbery occurs when some takes something from another by force or fear. Burglary can occur when no person is present.

If someone breaks into another's home and steals jewelry, this would be classified as a residential burglary. If, on the other hand, someone breaks into another's home and takes property away from them while they are present, this would be considered a robbery.

To be convicted of robbery, the prosecution must prove each of the elements set forth beyond a reasonable doubt:

1. You took property that was not their own;

2. The property was taken from another person's possession and immediate presence;

3. The property was taken against that person's will;

4. You used force or fear to take the property or to prevent the person from resisting;

AND

5. When you used force or fear to take the property, you intended to deprive the owner of it permanently, or to remove it from the owner's possession for so extended a period of time that the owner would be deprived of a major portion of the value of enjoyment of the property.

The required intent is crucial to prove the crime of robbery and we will gather all the evidence presented against you and contest it showing the jury that your guilt has not been proven beyond a reasonable doubt.

Our Robbery Attorneys is Van Nuys have a combined 75 years of experience and we have handled numerous amounts of cases involving robbery. Our defense strategy and legal skill and knowledge guarantees competent and effective representation.

If you facing robbery charges, contact our robbery Lawyers.

The Perfect Defense
Contact Us

The Hedding Law Firm

Phone: (818) 986-2092 | (866) 986-2092
The Hedding Law Firm
Phone: (818) 986-2092
Encino-San Fernando Valley Address:
16000 Ventura Blvd #1208 Encino, CA 91436
View Map
Los Angeles-Downtown Address:
445 South Figueroa St
#2700
Los Angeles, CA 90071