Robbery is taking something by force from another person, usually with the threat of violence. It is Los Angeles’ most serious theft offense. Robbery is always charged as a felony and can carry anywhere from 2 to 9 years of prison time—or life in prison if someone was shot. If you, or someone you care about has been arrested for robbery, do not let this charge ruin your life. You need to talk to a Los Angeles robbery lawyer.
The Simmrin Law Group is here to help you. We understand robbery cases and we have the legal experience and knowledge to build a good defense—with a history of winning. We have devoted our law firm to protecting those who have been accused, no matter what the circumstances. Let us help you by giving you a free consultation to discuss your case and plan your defense. Fill out the form to the right or call us at 310-997-4688 and get your free consultation today.
What is considered robbery in Los Angeles?
Robbery is defined under a state law known as Penal Code Section 211. Under that law, you are guilty of robbery if:
You took property that wasn’t your own,
You took it from another person in their immediate presence,
You took it against their will,
You used force or fear to take it from them, and
You had the intention to take it from them permanently or long-term.
It’s the element of “force or fear” that makes robbery different from other theft charges. Most robberies involve a weapon, but they can also involve simple verbal threats. Any kind of force or threat is enough to get a crime charged as robbery, and a felony, instead of a much less serious crime.
For example, if you stole a person’s phone by picking their pocket, no force or threat was used and you would be charged with a lesser crime (likely grand theft). The same is true if you did it by tricking them into giving you the phone. But if you told them you would break their arm if they didn’t hand it over, it was robbery.
Importantly, if you used a drug (or alcohol) on the person in order to take their property, it does count as “force” and it does count as robbery.
What if I was stopped before I could take anything?
Then you cannot be convicted of robbery.
Robbery is an unusual offense because you can only be guilty if the robbery was “complete.” In other words, trying to rob someone doesn’t actually count if you don’t succeed in taking anything.
For example, a young man walks up to a woman who is walking alone. He has one hand under his jacket and tells her he has a gun, and orders her to give him her purse. She hands over the purse, but at the same time, a bystander intervenes. The bystander shoves the young man and pins the arm that supposedly has a gun. Within minutes, the police have arrived and the man is arrested. This young man cannot be convicted of robbery because no property was actually “taken” and the robbery wasn’t complete.
The man would be charged with attempted robbery, however, a less serious crime. If you are convicted of attempted robbery, you still face prison time but the sentence is only half as long.
What are the penalties for robbery in Los Angeles?
They’re serious. Robbery is always a felony, and it always carries prison time. However, there are two different kinds of robbery: first degree and second degree. First degree robbery is more serious. It is defined as any of the following:
Robbing the driver (or passenger) of a bus, taxi, etc.
Any robbery that takes place in an inhabited structure, such as a home or trailer
Robbing anyone near an ATM after they used it
Second degree robbery is any other kind of robbery.
The penalties for each include:
Penalties for first degree robbery
3, 6 or 9 years in state prison if the robbery was inside an inhabited structure and involved a team of 3 or more people
3, 4 or 6 years in state prison otherwise
A fine of up to $10,000
Felony (supervised) probation and felon status for life
Penalties for second degree robbery
2, 3 or 5 years in state prison
A fine of up to $10,000
Felony (supervised) probation and felon status for life
Extra penalties
You receive an extra count of robbery—and an extra sentence—for each extra person you threatened or used force on
If you caused someone “great bodily injury” (a serious injury of any kind), you will receive an extra 3-6 years of prison time
If you used a gun in the robbery and no one was hurt, you will receive an extra 10-20 years in prison
If you used a gun and someone got shot, you can face an extra 25 years to life in prison—even if they did not die.
How can I fight a robbery charge?
There are legal defenses you can use, and criminal defense lawyers can and do win robbery cases all the time. Remember that the burden of proof is on the prosecution—all your lawyer has to do is whittle away at their evidence until the case is unwinnable.
Some of the strongest defenses in robbery cases include:
You thought the property was yours or that you had a right to it, even if you were mistaken.
You didn’t really use force or fear. A person may have been afraid if you ran up and grabbed something, but that doesn’t mean you “used fear.”
You didn’t intend to “steal” or take the property. For example, someone attacked you and you took their weapon away. You used “force” and you took something, but it’s not robbery.
You were wrongly accused—you weren’t the one who committed the robbery.
The police violated your rights during the arrest, the search or questioning.
Any of these defenses can potentially win a robbery case. However, they will not work if you don’t have a legal professional who can investigate your case, build the evidence, and attack the other side. One robbery charge can mean the difference between freedom and 3+ years in prison. You need to talk to a lawyer.
Talk to a Los Angeles Robbery Lawyer for Free
At the Simmrin Law Group, we don’t believe the punishment for robbery is fair or balanced. Instead, we believe in defending people—in helping you get the best outcome possible, and move on with your life. Let us help you. We will give you a FREE consultation to help you get started on your case. Fill out the form to the right or call us at 310-997-4688 and get your free consultation today.