It should be noted that the value of the property taken is not listed in the law and therefore does not matter. This is different from other charges like larceny and theft. Therefore, the value of the property taken could be nominal and you could still be found guilty of robbery.

 

Due to the violent nature of robbery, it is a "strike" crime under California's Three Strike Law and is always charged as a felony. However, depending on the facts of the case the prosecutor could charge you with either first degree robbery or second degree robbery.

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What is First Degree Robbery?

First-degree robbery is a robbery that takes place in an inhabited structure, or of any passenger or driver of a taxi or city bus, or occured within close proximity of an ATM or shortly after the victim used an ATM.

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The maximum penalty for first-degree robbery is six years in prison. However, if the first-degree robbery happened within a home where two or more people were present it goes up to nine years in prison. 

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What is Second Degree Robbery

Any other robbery that does not fall under first-degree robbery becomes second-degree robbery.

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The maximum penalty for second-degree robbery is five years in prison. 

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Defenses

Due to the specifics of the law, there are some good defenses that can be used if you are charged with robbery

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No Force of Fear Was Used to Take The Property

Use of force or fear must be used for the theft to be elevated to robbery. The victim cannot just be intimated by you. This is sometimes hard for a prosecutor to prove if there are no witnesses or video evidence. 

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Honest Belief You Had a Right to The Property

Under the "claim of right" defense, if you had an honest belief that that property was yours, then there was no robbery. It should be noted, that this does not apply if the property you believe you had a right to was being collected to settle a debt. 

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Mistaken Identity

A robbery is a high stress situation. Sometimes the victim did not get a good look at their robber and for some reason identified you. If evidence or testimony can be entered to show that you were not in the area or someone else was the robber, then the charges will be dropped.

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False Accusation

Due to the fact that a report of robbery can be made with little evidence other than the testimony of another person, it is not uncommon for a jilted ex-friend or ex-partner to make a claim of robbery when no such action occurred.

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Getting a Defense Attorney

Robbery is a serious charge where your freedom is on the line. Do not face a trained prosecutor on your own. The above is not an exhaustive list of defenses because all cases are unique. Having an experienced defense attorney on your side can help save you from years in prison. At Pitman Law Firm, we have years of experience fighting for clients. In many cases we get the charges either reduced or flat out dismissed. If you are facing a robbery charge in Los Angeles or surrounding areas, call The Pitman Law Firm, your Encino Robbery Defense Attorney, for a free consultation.