San Fernando Valley Armed Robbery Lawyer
LEARN HOW THE BEST DEFENSE ATTORNEYS DEAL WITH A ARMED ROBBERY CASES IN LOS ANGELES
As you might guess, prosecutors and judges take armed robbery cases very seriously in San Fernando Valley courtrooms. In practicing criminal defense over the past 25 years I have noticed the penalties for robbery cases get worse and worse over the years.
First, they made robbery a strike (shortly after the California Three Strikes law passed) and then they made using a gun during a robbery a 10 year enhancement on top of what ever the defendant receives for the underlying robbery.
This is some serious time and judges and prosecutors across the county are not afraid or hesitate to give a deserving long prison sentence who they feel deserves it. Finally, any custody time that a person receives related to a robbery charge is served at 85%.
The way to combat these vicious violent crime sentences laws and tendencies is to show the prosecutor and judge that your case involved unusual circumstances and is not worthy of a long prison sentence.
In other words, it has to be a scenario where the facts of your case did not involve the level of violence and dangerousness that the prosecutors usually see in most robbery cases. When you combine this argument with some mitigating facts and character letters about you, you then begin the process of building a defense that can achieve a result you can live with.
To take a robbery cases outside the worst case scenario is not easy and take a savvy experienced defense attorney in order to have any chance. One things that I am seeing in many of the robbery cases that I defend is that the robbers are not using real or even loaded weapons to commit the crimes. This is a factor that the prosecutor and judge will consider when deciding what to do in a robbery case. Further, if no violence is committed against the victim and no property lost, the prosecutors are a lot more likely to give the person a break.
LAW ON ROBBERY CASES IN SAN FERNANDO VALLEY
Robbery is defined by California Penal Code Section 211 as a crime of taking the property of another from their possession by force or fear. Someone will be charged with armed robbery if a weapon was involved during the course of committing a robbery. If the person is not present when the property is taken, then it will not be considered a robbery unless the force or fear is used during the robber’s escape.
A conviction for armed robbery will not only count as a strike on your record, but also may result in heavy fines and a very long term of imprisonment.
The sentencing depends on numerous factors such as the severity of the crime and the existence of any priors. As indicatd above, the use of a gun during a robbery can add 10 years to the sentence and the discharge of a gun during the robbery can add 20 years to the sentence.
WHAT IS AN “ESTES ROBBERY?”
An Estes Robbery involves force or violence being used in order for the robbers to make their escape. This Estes case is one where no force or violence was used in taking the subject property, but when the authorities tried to stop the robbers from leaving the location, they where met with force and violence.
The courts have found that this type of scenario will also be treated as a robbery for purposes of the robbery laws in California and a person who is involved in this type of taking will be punished the say as any regular robbery.
Although, in my experience, under the right circumstances I have convinced prosecutors an judges to permit my client to plead to a non-robbery crime, if they used force or fear during their escape, versus at the time of the taking of the property.
As your Van Nuys Attorney we fight aggressively on your behalf and do everything we can to get the best possible results. We have a combined 75 years of experience and are well known and well respected by judges and prosecutors throughout San Fernando Valley courthouses. Our credentials speak for themselves and we are confident in our legal skill and strategy.
If you are facing charges of armed robbery there are a number of defenses we may be able to aggressively assert on your behalf. Common defenses to armed robbery: claim of right of property taken, lack of intent to take the property, no force or fear used, you were not the one who even committed the robbery, and false accusations.