A robbery offense in the Van Nuys courthouse is taken very seriously. One thing is that a robbery, under California Penal Code 211, is considered a violent felony; therefore, it’s a strike according to the three strikes law in California, and any sentence that anybody gets, they’re going to have to serve 85% of.
Also, when it comes to robbery offenses in the Van Nuys court, the District Attorney’s office and the judges start with the premise that people who commit robberies are going to go to prison.
So, in order to get them to go against that premise, you’re going to really have to bring to bear some good evidence and get your client’s version across because a lot of times in these robbery cases, along with other theft crimes cases, there’s a one-sided investigation done by the police. So, it’s up to the criminal defense attorney to get the other side of the equation across.
Using a Weapon to Commit Robbery – PC 211
Another big factor in how a robbery case is going to be dealt with and whether or not the prosecutors and judge will seek prison, is whether or not any type of a weapon was used.
Sometimes it’s a strong-arm robbery – there’s no weapon used, nobody gets hurt, the property is recovered. This puts you in a good position to try to get a probationary sentence. Of course, you’re going to want to have no criminal record, otherwise, this makes it more difficult. Obviously, you don’t want a strike on your record when it comes to one of these robbery offenses in the Van Nuys Court.
What I have you do is come in and we draw on my twenty-five years of experience and my local connections with the judges and prosecutors in the Van Nuys court.
It’s imperative that we really work together to get all the mitigating factors across to the judge and the prosecutor, because if we don’t we’re going to be in a position where you’re not going to end up with the best possible result and you’re going to end up with a result that puts you in prison, gives you a strike for the rest of your life and has a serious impact on your life. These are the things that we don’t want when it comes to a robbery offense in the Van Nuys court system.
Probation for A Robbery Offense In The Van Nuys Court
There’s a number of factors. One big factor is if you have a criminal record. Obviously, the three-strike law and robbery offense and how they’re punished are really going to be focused in on your criminal record. Are you a career offender? Are you somebody who the public needs to be protected from?
Also, another big factor is whether you used a weapon. People who are using guns to commit robberies – not only are they not going to get probation, but they’re going to be looking at a minimum of twelve years at 85% in prison and a strike for the rest of their life and all the other implications that come with a robbery offense – like not being able to own, use or possess a weapon in California for the rest of your life, and a whole host of other things that can happen to you.
So, in order to get probation, you’re going to need a clean record. A weapon cannot be used in the case, otherwise you really have an up-hill battle in trying to get a probationary sentence, and obviously the impact to people.
If somebody really isn’t impacted that bad and it’s kind of a tortured and forced robbery where it really shouldn’t be charged with a robbery, then a lot of times we can get you a grand theft person which is a Penal Code § 487c which is not a strike, can be reduced to a misdemeanor and can be dismissed after a successful probationary period. So, these are the type of things that we try to do when it comes to a robbery case.
Estes Robbery in California
Sometimes there’s what’s called an Estes robbery where somebody during the escape of just a regular theft case is resorting to violence in order to get away with their escape – threatening somebody, pushing them away or fighting with somebody.
Tthis is what we call, at least from my criminal defense standpoint, a tortured robbery, where it really wasn’t meant to be a robbery. You didn’t have a weapon. You went in there to steal something and things obviously went awry.
So, if that’s the circumstance that we’re talking about, then we need to really pull out all the stops to avoid a robbery conviction in the Van Nuys court and try to get a lesser offense.
If you’re not guilty of the robbery, then obviously we take the case to jury trial and we have a jury find you not guilty, or I convince the prosecutors that they really didn’t look at all the evidence.
They need to look at the evidence that you can present to show that you’re not guilty of the robbery and we get them to dismiss the case. So, that just depends on the facts and circumstances of your case and what we’re looking at as far as what you did, the danger level to the public. These are the things that the prosecutors and the judge are going to take into consideration.
Retain a Van Nuys Criminal Defense Attorney
So, if you have a robbery case in the Van Nuys court, I encourage you to come and sit down in the privacy of my office. We’ll go over your case and you’ll leave the office with a feel for what you can do to help me with the robbery case in Van Nuys.
I’m going to do moving forward with a game plan to get you the best result – either getting your case dismissed, getting it reduced to a lesser offense, or if it’s a case where it’s serious enough – trying to keep you out of prison and setting things up for the future so that you can be successful, get yourself on the right path and get yourself out of the criminal justice system as fast as possible. Contact the Hedding Law Firm for help.
For more information on Robbery Related Cases In Van Nuys, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0940 today.