If someone you know has been charged with robbery in San Bernardino or Riverside County, the charge is quite serious and can have a lasting impact on the rest of their life. Robbery under Penal Code 211 is a felony, regardless of the degree and constitutes a strike under California’s Three Strikes Law. Because of the seriousness of the charge, it is always advisable to seek the advice of an experienced lawyer if someone you love has been charged with this crime.
Under Penal Code 211, robbery is defined as the taking someone else’s property in their immediate presence using force or fear with the intent to deprive the victim of the property taken. In order to be convicted of the charge, the prosecution must prove each element of the offense. If convicted of robbery, a person may be sentenced to two, three or five years in state prison or probation, court fines and restitution fine up to $10,000, potential immigration issues as well as restrictions on owning or possessing firearms.
Under Penal Code 211, if the robbery victim is in a commercial vehicle, a residence or near an ATM, the defendant can be charged with first degree robbery, which increases the sentencing range to three years, four years or six years in prison.
A conviction for robbery is a “strike” and will double the base term on a second felony conviction and reduce custody credits in the event of future sentences. Even if the robbery attempt is unsuccessful, a defendant may still be charge with Penal Code 664/211, which is also a strike.
If the defendant causes great bodily injury during the commission of a robbery, the sentencing could be increased from three to six years under Penal Code 12022.7. In addition, the use of a firearm during the commission of a robbery will trigger a 10 year enhancement under Penal Code 12022.53(b). Under this statute, if a gun is fired during a robbery, a defendant can be sentenced to an additional 20 years and if great bodily injury or death is caused, 25 years to life can be imposed.
If a person is arrested for robbery, it is very important to seek the assistance of an experienced attorney who can review the evidence and present a defense (i.e., false allegations, mistaken identity, lack of intent or lack of fear) that gives you the best chance to beat the charges or negotiate for a lesser sentence.
If you have been arrested for robbery and need the help of an experienced criminal lawyer, contact our office to discuss your situation.
Client charged with possession for sales and gang enhancement. Client faced 16 years in prison with the gang and prior strike allegation. Client turned down 8 year pretrial offer with prior attorney before going to trial. Not guilty on all charges at trial. (People v. Antwan B.)
Client charged with attempt murder, accessory after the fact and gang enhancement after shots fired at a dwelling. Client turned down 15 year pretrial offer. During trial, plea deal reached for probation with time served. (People v. Rudy B.)
Client charged with resisting arrest, obstruction of justice when cops performed a probation sweep at her residence. Client found not guilty on all counts at jury trial. (People v. Felicia M.)
Client charged with corporal injury to girlfriend after argument allegedly escalated. Client had significant exposure of 21 years because of prior strike, probation violation and GBI allegation. At trial, jury refused to convict client, returning hung verdict. (People v. Christopher P.)
Client charged with possession of methamphetamine for sale after traffic stop. Client claimed prejudice by prosecution’s delay in bringing the case to court. Motion filed on behalf of client asking the Court to dismiss the case as violative of client’s speedy trial rights. Motion granted and case dismissed. (People v. Shannon J.)