ROBBERY

Robbery is a serious felony offense that carries the potential for severe, lifelong consequences.  If you are arrested and charged with robbery, you need to consult an experienced Santa Barbara criminal defense attorney as soon as possible to protect yourself and your rights.

Robbery is defined as taking personal property possessed by someone else against their will by using fear or force.  To convict you of robbery, a prosecutor must show beyond a reasonable doubt:

• You took property that you didn’t own
• That property was in someone else’s possession when the robbery occurred
• You took the property either from the victim’s person or their immediate presence
• The taking was against their will
• You used either fear or force to take the property
• You specifically intended to permanently deprive the victim of their property

No weapon is needed for robbery to occur.  For example, giving a bank teller a threatening note demanding money is robbery because the teller gave money out of fear.

With her experience as a former prosecutor, Santa Barbara criminal defense attorney Christy Horowitz is dedicated to evaluating the facts of your case to see if defenses such as lack of force or fear, mistaken identity, or reasonable belief you owned the property apply.  She also believes in taking a proactive, personalized approach to obtain the best outcome possible, which may include seeking a reduction of charges, filing for a dismissal and negotiating for a favorable plea.

FIRST- VS. SECOND-DEGREE

Two classes of robbery exist in California: first–and second–degree.  The decision to charge one or the other is based on the facts of your case.  You will be charged with first–degree robbery if:

• The robbery occurred in an inhabited house, trailer, or boat
• The victim is a driver or passenger in a taxi, bus, subway, or other transportation for hire
• The robbery occurred at an ATM

In all other cases, the charge becomes second–degree robbery.

It’s important to know the number of crimes you are charged with.  This depends on the number of victims involved rather than the value or quantity of things taken in the robbery.  For example, if you demand money from a married couple in a parking garage but only come away with a single wallet; you may still face two counts of robbery.

SENTENCING AND ENHANCEMENTS

As a violent felony, a robbery conviction counts as a “strike” under California’s “Three Strikes Law”.  A second robbery conviction would bring a sentence that is up to double the normal robbery sentence, and a third conviction brings up the possibility of a 25 years to life sentence in state prison.

First–degree felony robbery is punishable by up to 6 years in prison and a $10,000 fine upon conviction.  The sentencing triad in California currently involves options for a judge or jury to select a 3, 4 or 6 year prison sentence.  A second–degree robbery conviction brings sentences of up to 5 years in state prison and a $10,000 fine, and the triad for this offense is a 2, 3 or 5 year prison sentence.  Anyone convicted of robbery must serve a full 85% of their sentence.

Sentences for robbery convictions may be enhanced and increase the severity of your punishment if certain facts apply in your case.  These can include:

• Great bodily injury – If a robbery victim suffers “great bodily injury” it can add 3 to 6 years on a sentence based on the seriousness of the injury, pain, and medical care the victim requires.
• Robbery in concert– If you’re convicted of a robbery where you and at least 2 others committed robbery in an inhabited building, you may face up to 9 years in state prison.
• Use of a firearm – California passed a “10–20–life” law imposing harsh sentences for felonies committed using firearms.  You could face an extra 10 years on your sentence for use of a firearm during a robbery, an extra 10 years for firing the firearm during a robbery, and an extra 25 years to life if firing a gun during a robbery results in great bodily harm or death.

California considers robbery serious enough that even an attempted robbery is classified as a violent felony and carries a sentence of up to 3 years in state prison.