San Francisco Robbery Defense Attorneys

Criminal Defense Lawyers in San Francisco Defending Individuals Accused of Robbery

The California Penal Code defines specifically as taking the personal property of another – and from his or her immediate presence or person – against the person’s will and by using force or threat of force. Moreover, the defendant must possess the specific intent to either deprive the alleged victim of the property on a permanent basis (or for a period that would be sufficient to lessen the property’s value considerably). In California, the crime of robbery always qualifies as a felony offense.

If you have recently sustained a charge for robbery, you are likely facing criminal penalties which may include time in jail, probation, or significant monetary fines. At The Law Offices of David S. Chesley, our team San Francisco robbery defense lawyers can explore all of your legal options with you and can provide you with the skilled representation you deserve throughout your case. Call us or contact us online today to schedule a free case evaluation.

Breaking down the Legal Elements of Robbery

Robbery, like every other criminal offense in California, has various legal elements which the state prosecutor must prove at trial beyond a reasonable doubt. First, in order for the crime to qualify as a robbery, property must be taken. The means that the defendant must gain possession of the other person’s property and must move it at least some distance. Even when the defendant only moves the subject property a very short distance, the crime may still qualify as a robbery.

Moreover, the alleged victim of the robbery must be in possession of the property. Possession can mean actual physical possession of the property or constructive possession of the property – such as where the alleged victim has the right to control the property. Moreover, the law does not require that the alleged victim actually own the property which was stolen during the robbery.  

In addition, in order to sustain a robbery conviction, the defendant must have taken the property from the alleged victim’s presence – or while the item was under the victim’s control. Moreover, the property must be taken without the alleged victim’s consent and with the intent of depriving the true owner of his or her property, usually on a permanent basis.

Finally, for the defendant to be convicted of robbery, the prosecutor must be able to show that the defendant used either actual physical force or a threat of physical force to obtain the property. A threat of physical force directed towards the victim also includes threats made to a victim’s family member or to some other individual who was present at the time the incident occurred.

Penalties Imposed by a Sentencing Judge

If you are ultimately found guilty and convicted of the crime of robbery in California, a judge will be left to impose the final criminal sentence. The nature of the sentence imposed depends primarily upon whether the robbery crime is charged as a first-degree robbery or a second-degree robbery.

A person may be charged with first-degree robbery in cases where the alleged victim is a passenger or driver of a bus, cable car, subway, or other public transit vehicle; if the robbery occurs in an inhabited boat, house, or trailer; or the robbery occurs during or after the time the alleged victim uses an automated teller machine (ATM).

First-degree robberies such as these are punished the most harshly. In these types of cases, the defendant may be sentenced to a time of felony probation; three, four, or six years of incarceration in a California state prison; and/or a maximum fine of $10,000. The prison sentence may be increased in a situation where the defendant acts in tandem with two or more other individuals, or the robbery occurs in a structure that is inhabited.

A conviction for second-degree robbery (i.e., those robberies which do not meet the legal definition of first-degree robbery under the California Penal Code) can result in a period of felony probation; a period of two, three, or five years of incarceration in a state prison; along with a maximum monetary fine of $10,000.

The San Francisco robbery defense attorneys at The Law Offices of David S. Chesley can explore the option of a plea bargain with you. We can also discuss potential strategies for trying to obtain a reduction of your robbery charge.

Multiple-victim Robberies in California

In some criminal cases, there are several counts of robbery which are entered against a single defendant. The number of robbery counts entered in a criminal case does not depend upon the number of items or the amount of property which the defendant takes. Rather, the number of robbery counts depends upon the number of alleged victims there are to the robbery crime.

Robbery Sentence Enhancements

In addition to the potential penalties issued upon conviction for robbery, there are several sentence enhancements which may apply. For example, if the defendant, during the course of the robbery, brings about a serious bodily injury to the other person, then the defendant may be subject to an additional three to six years of incarceration.

Moreover, defendants who use a gun while committing a robbery may receive an additional ten years of incarceration if they used a firearm to commit the robbery crime. Even more time can be imposed if the defendant intentionally fired a gun during the commission of a robbery or caused the alleged victim death or great bodily harm because of the robbery.

The State of California also has a “three strikes law” on the books. In practice, this means that if you have a prior robbery conviction on your criminal record and you are later charged with any felony, a sentencing judge may impose two times the normal sentence for the felony charge. If the defendant eventually racks up three California “strike” convictions (of which one or more may be a conviction for robbery), the defendant will be facing a minimum of 25 years of incarceration in state prison, all the way up to life in prison.

Fighting a California Robbery Charge

The best way to fight a wrongfully entered robbery charge is to assert a good legal defense in your criminal case at trial. Some potential defenses that are applicable to robbery charges include the following:

• The defendant did not use force or threats of force in order to accomplish the robbery.
• The defendant harbored an honest belief that he or she owned the property or had a lawful right to the property.
• The defendant was mistakenly identified and was not the individual who actually committed the robbery crime.
• The defendant was falsely accused of robbery.

Call Us Today to Speak with a Robbery Defense Attorney in San Francisco

Robbery charges and convictions can not only subject you to harsh criminal penalties, but they can also impose severe limitations on your personal freedoms. Consequently, no robbery charge in the State of California should ever be taken lightly.

At The Law Offices of David S. Chesley, our criminal defense lawyers can help to streamline the process for you and help you decide on the appropriate actions to take throughout your criminal case. To schedule a free consultation and case evaluation with a San Francisco robbery defense lawyer, call our office today or send us an email through our online contact form.