Newport Beach Robbery Defense Attorney
Robbery is an inherently violent felony codified under penal code 211. The statute makes it a crime to take property from another by the use of force or fear. A conviction carries up to 5 or 9 years in state prison – depending upon whether you’re convicted of first or second degree robbery. Additionally, special enhancements may apply that could elevate your exposure even more – e.g., use of a firearm; the robbery was carried out for criminal street gang purposes; or the purported victim suffered great bodily harm.
Have you been charged or are under investigation for robbery in Newport Beach? Retaining an experienced Newport Beach Robbery Defense Attorney may be one of the most important decisions you make. Contact the Law Offices of John D. Rogers today to set up an appointment to speak one-on-one with a reputable lawyer who can provide advice on your rights, defense, and crucial evidence that may be in your favor. Early retention of counsel result in your case being rejected altogether or having to spend a substantial amount of time in state prison.
California Robbery Overview
In California, robbery is a serious offense that can never be reduced to a misdemeanor. Even the slightest force to obtain property from another will suffice to warrant charges. It is not uncommon for those charged with robbery to also be charged with burglary, grand theft, assault and battery, and receiving stolen property. To be convicted of robbery, the prosecutor must prove:
- You took property from another person;
- The other person did not consent;
- The property was taken by means of threat or fear;
- You harbored an intent to deprive the owner.
Although robbery carries severe penalties, you may be eligible for a probation sentence if certain mitigating factors outweigh the aggravating factors – e.g., no criminal history and/or no weapon was involved. However, whether your ultimate sentence is either state prison or probation, a conviction is a “strike” applicable to California’s Three Strike Laws.
Defending Robbery Charges in Newport Beach
There are several defenses available that an experienced robbery lawyer in Newport Beach may put forth in your defense. Some include: (1) the true gave you permission to take the property; (2) your case is the product of mistaken identification; (3) the police unlawfully searched your belongings and the evidence against you violated your Fourth Amendment right; (4) the purported victim is fabricating the circumstances; or (5) you have an alibi – e.g., an eyewitness or GPS phone records place you at a different location at the time of the offense.
Contact an Experienced Newport Beach Robbery Attorney
If you have been charged with robbery, it is critical that you retain an experienced Newport Beach criminal defense lawyer to adequately represent your rights. The mere charge of robbery can carry life-altering consequences, not to mention, a conviction for robbery will consequently label you as a convicted felon for life. Contact the Law Offices of John D. Rogers today to schedule a consultation. We can explain the government’s case against you and all avenues to explore when mounting your defenses.