Robbery

Orange County Robbery Attorney

Robbery Attorney in Orange County

If you're being accused of robbery you need to call the Orange County criminal attorneys at the Law Office of Michael L. Guisti right away and set up an appointment, because this is a very serious charge you're facing that could send you to prison.

Unlike burglary where you enter a structure with the intent to commit a crime, under Penal Code 211 robbery is when you take a person's property from their body or immediate possession accomplished by force or fear.

The Crime of Robbery

Our Orange County robbery lawyers explain proving the crime of robbery took place police investigators and the Orange County District Attorney must prove that you took property that didn't belong to you from that owner's personal possession or immediate presence against that person's will using some kind of force or threat.

The final element to be met proving you committee robbery is when you robbed a person you intended to deprive the owner of their property permanently or for an extended period of time that deprives the owner any value or enjoyment of the property.

It's important to understand unlike other theft crimes robbery is always charged as a felony regardless of the value of the product stolen. Our Orange County criminal defense attorneys stress even if it was a penny taken from the possession of a person that meets the elements of robbery you will be charged with a felony.

More than One Victim

If you allegedly rob more than one person you can be tried on multiple robbery charges and receive multiple sentencing.

Now if you rob two people who happen to share one item you can still be charged with multiple robbery charges.

The Elements of Robbery

They're very minor details that can make all the difference if you're going to be charged for robbery or other theft charges.

Possession

As one of our Santa Ana robbery attorneys explains, for a robbery charge to stand the victim must have actually or constructively possess the stolen property. The item in question doesn't even need to be owned by the victim, only that they had some kind of possession over it. For example, if a store clerk is forced to give store items and money to a person holding a gun at his/her face this qualifies as robbery even though the store clerk didn't own the store items or money in the register that clerk nonetheless had constructive possession over the items and money.

Now if bystander witnesses a person shoplifting and decides to play "the hero" and run over and stop the suspect, but the suspect attacks the bystander, the suspect could face possible battery charges, shoplifting charges, burglary charges and petty theft charges, but wouldn't be guilty of robbery since the bystander had no actual or constructive possession interest in the items being shoplifted. Furthermore, since no items were taken from an actual person that doesn't meet the requirement of robbery.

In the scenario described above with the confusion and chaos of things it's possible "the hero" may have told police the suspect tried to take something from "the hero" during the altercation and police may see this opportunity to charge the suspect with robbery. This is why it's very important to contact an experienced Orange County criminal defense lawyer, because during some kind of altercation or even in domestic violence situation you could've been involved in the alleged victim could've told police you forcefully tried to take his/her wallet or other items and now police charge you with robbery.

Immediate Presence

The Westminster robbery attorneys explain immediate presence is one of these elements that can make all the difference whether or not you're charged with robbery. In People v. Webster the courts held that the immediate presence, "is so within his reach, inspection, observation, or control that he could, if not overcome by violence or prevented by fear, retain his possession of it."

Basically the object doesn't have to be on the victim's person and that the immediate presence is an area where the victim would logically exercise reasonable control over the item.

As the Irvine robbery lawyers explain, the line where "immediate presence" begins and ends can be blurry and that is why you need to contact an Orange County robbery lawyer who can investigate your case, because if we can show the police, DA and judge the item in question was "taken" in an area where the alleged suspect couldn't exercise reasonable control over the said item then you're not guilty of robbery.

Taking the Property

Another element of robbery is you must gain possession of the alleged victim's property and carry it away. While this may seem clear-cut it's very important to point out that for a robbery charge you must have had some movement with the property, no matter how little.

For example, you forcefully took a person's bag they were carrying, walked a few inches and discovered nothing inside the bag and put it down, you still could face robbery charges since you forcefully took possession of another's property, in this case a bag, and moved the property while in your possession.

The Santa Ana criminal defense attorneys also want to point out if you forcefully took the bag from the person, moved the bag a few inches while in your possession, saw there was nothing worth while in the bag and gave it back to the victim you still face robbery charges, because you moved a few inches with property you forcefully took into your possession from another person.

The Orange County robbery defense lawyers say this is another situation where the alleged victim may tell police you moved some feet away. They've been many cases police could lead the alleged victim to claim you moved a few feet as investigators keep asking the alleged victim over and over (until they get the answer they want) if you moved anywhere during the altercation, and that is why, yet again, you need to contact an Orange County lawyer.

Your Defense

As you've read above they're already a few "loopholes" your Orange County robbery attorney can use to free you of this charge, and they're larger defenses available to you.

You Didn't Intend to Take Any Property

Even if there was some kind of force or fear used for some other purpose if you never intended to take any property you cannot be found guilty of robbery. In domestic violence situations that may take place in a car, for example, after some yelling the alleged victim may have felt threatened inside the car and soon after you drive off, at which point the alleged victim calls police and says you drove off with his/her items in the backset of your car, but if you didn't know those items where there then you had no intention of robbery.

On that note, if you realize you accidentally took property from somebody and decide to keep it, you're still not guilty of robbery since you never had the intent to rob the alleged victim, but you may face certain theft charges like petty theft and grand theft.

The bottom line, according to Fullerton robbery attorneys, regardless of what kind of situation lead you to unintentionally possess another's property as long as you never had the intention to forcefully take the property you're not guilty of robbery.

Claim of Right

If you allegedly robbed somebody to reclaim an item somebody "borrowed" from you long ago, or whatever the case may be that led to the alleged victim possessing your property, California excuses robbery charges as long as there is proof the item(s) belong to you.

Important point Santa Ana criminal defense attorneys want you to be aware of, depending how you took possession of property that is rightfully yours it's possible you could still face trespass charges, criminal threats charges or even possible assault and battery charges.

Now this defense only applies to specific property and not in situations where, for example, your neighbor broke your window and owes you $300 and you go over to your neighbor's property and either take $300 cash or some object you think is worth $300.

If Convicted

Robbery is always charged as a felony, but if you're convicted it depends if the Orange County District Attorney prosecuted your robbery crime as first degree robbery or second degree robbery.

If Convicted of First Degree Robbery

First degree robbery is the more serious offense, which include robbing people at their homes, robbing a commercial building, robbing people who just used an ATM, and robbing commercial vehicles, such as Brinks "money trucks" and food trucks.

If you and one or more other person is convicted of home or commercial robbery you could face between three and nine years in a California state prison. If you were alone during your crime you could face between three to six years in prison.

If Convicted of Second Degree Robbery

Second degree robbery is basically any type of robbery that doesn't rise to the level of first degree robbery, such as mugging.

If convicted of second degree robbery you face between two to five years in a California state prison.

Call Orange County Robbery Attorney Michael L. Guisti Now!

This is a very serious charge you're facing that could land you many years behind prison bars and that is why you need to call the Orange County criminal attorneys at the Law Offices of Michael L. Guisti right now at 888-478-8999.

As you've read they're many "loopholes" that could free you from this charge, so call us now so we'll investigate your case and give you justice.