When you are charged with robbery, you may feel like your life is unraveling. Will you go to jail? Will you lose your job? What will happen to your family?

Even after serving a prison sentence, people who have been convicted of robbery face numerous long-term challenges. With a conviction on your record, you may have a hard time renting an apartment or finding a job. You may face challenges with child custody and other personal matters.

However, as bad as things may seem, you should know that there are many defenses and opportunities to fight a robbery charge. The Law Offices of Justin E. Sterling has been fighting for people in your situation for more than two decades. Justin E. Sterling understands how prosecutors treat robbery cases, and he has the knowledge and tools to craft a strong defense strategy for you.

If you have questions after an arrest, call our offices today for a free case review with a seasoned Los Angeles robbery defense lawyer.

What’s Different About the Law Offices of Justin E. Sterling?

Criminal defense attorney Justin E. Sterling and his dedicated team have a long track record of getting charges reduced or dismissed in robbery cases. In situations where a conviction is imminent, our firm has the skills to negotiate for the minimum possible sentence. In every case, we fight for the best possible outcome for our clients.

Over the years, thousands of people across Los Angeles have trusted our team to handle their criminal cases because:

  • Attorney Justin E. Sterling has more than two decades of criminal trial experience. He knows what to expect and how to craft a powerful defense.
  • As a former public defender, he has unique insight into the criminal justice system and how prosecutors approach cases.
  • Our respected law firm has worked with many local prosecutors, district attorneys, and courts, maintaining valued relationships at each tier of the criminal justice system.
  • We believe in personalized legal representation, which is why we maintain a limited caseload that allows us to treat each client as an individual with unique needs.
  • Our law firm focuses specifically on representing people who have been charged with crime in the Los Angeles area.

What to Expect If You’ve Been Arrested on a 211 Robbery Charge

An arrest will understandably leave you shaken up. It is important to understand the process, what to expect, and the potential opportunities for fighting the charges against you.

The arraignment

In California, after being arrested for robbery, you will be arraigned. The arraignment is the first formal court proceeding. At this stage, you are informed of your rights and the criminal charges that have been filed against you. Additionally, you will have the opportunity to plead not guilty, guilty, or not contest (nolo contendere). Finally, the court will set the terms of your bail. An experienced criminal defense attorney can help you prepare for the arraignment and identify early opportunities to resolve your case in a favorable manner.

The pre-trial stage

Pre-trial proceedings will take place after the arraignment. The state and the defense will launch investigations to turn up evidence supporting their case. During discovery, both sides will review the other’s evidence. Both parties will also file motions and waivers during this pre-trial period, such as motions to have certain evidence suppressed. For felony offenses, an important part of the pre-trial stage is the preliminary hearing. Two critical issues will be resolved during the hearing:

  • Is there probable cause to believe the crime was committed?
  • Is there probable cause to believe the defendant was the person who committed the crime?

Many felony cases are resolved during the pretrial stage. If the evidence is on your side, your attorney may argue to have the case dismissed. Your attorney may also negotiate for a reduction in the charges or a plea deal with a minimal sentence.

Trial

In some cases, your best option may be to go to trial. Both sides will be given the opportunity to present oral arguments and submit evidence, such as documents, photos, videos, and witness testimony. Your attorney will tell your side of the story and clearly highlight all the holes in the prosecution’s case. There are two kinds of trials: jury trials and bench trials. At a jury trial, the defendant is judged by members of the community. A bench trial takes place before only a judge, who is the sole decider of the defendant’s fate. At the end of the trial, you would be deemed guilty or not guilty.

Sentencing

If you are found guilty, there will be a hearing to determine punishment (prison time, fines, community service, etc.) The prosecution may argue for a harsher sentence and present evidence, such as victim impact statements, to justify their position. Your attorney will introduce evidence to support the position that you deserve leniency, such as mitigating circumstances and positive community involvement. Once both sides have been heard, a sentence will be handed down.

What Does the Prosecution Need to Prove in a Robbery Case?

The crime of robbery is encoded in Section 211 of the California Penal Code. Under Section 211, the prosecution must demonstrate each criminal element with evidence.

The defendant took someone else’s property.

First, the prosecution must show that the defendant took property that did not belong to them. The defendant must have taken the property from the victim’s possession and immediate presence.

It is important to note that “possession” does not require physical control. It only requires control or the right to control the property in question. In fact, the victim does not even need to be the actual owner of the property, as long as they control the property and it is close enough that they can exercise physical control if they so choose. This is known as the “immediate presence” requirement.

For example, if a person is resting on a park bench and their bike is sitting a few feet away resting against a tree, the bike would be considered within their immediate presence.

The defendant took the property against the victim’s will.

If the alleged victim consents to the property being taken, it is obviously not robbery. So the prosecution must show that the victim did not freely and voluntarily allow the defendant to take the property.

The property was taken using fear or force.

In a robbery case, the prosecution must prove that the defendant used fear or force to take the property. This might include actual infliction of physical harm or the threat of physical harm (e.g., the brandishing of a gun or knife).

Furthermore, the victim does not have to be the subject of the fear or force. The fear or force could be directed at the victim’s family member or property. For example, if a person threatens to slash the tires on another person’s car unless the victim gives up their cellphone, that would be considered physical force.

The defendant deprived the victim of the property.

Finally, the prosecution must show that the defendant deprived the victim of the property. There is more to this element than it seems. The deprivation does not necessarily have to be permanent. It could be temporary. The only requirement is that it is sufficient to deprive the victim of a major portion of the value or enjoyment of the property.

What Is the Difference Between Robbery, Burglary, and Theft?

Most people consider the terms robbery, burglary, and theft interchangeable. However, the California penal code treats them as individual crimes, with each having their own provisions and their own penalties.

Robbery

Robbery is a felony charge. It involves using force or fear to illegally take property from the immediate presence of another person. In other words, this is a person-on-person crime. The use of force may be as simple as a threat or as serious as using a weapon.

Burglary

Breaking into private property without permission is considered burglary. Unlike robbery, burglary requires no person-to-person contact. The stolen items do not have to be within the immediate presence of the victim, and no use of force is required.

The element of intent plays a unique role in a burglary charge. The person must break into the property with the intent of committing a felonious act. The person does not have to actually perpetrate the act to be charged with burglary.

For example, if a person breaks into an IT company with the intention of stealing the database servers but leaves after realizing the servers are too heavy to carry, the person would still be charged with burglary because they had the intent to commit theft, a felonious act.

Theft

Theft is perhaps the simplest of the three crimes. It entails the taking of someone else’s property. Unlike robbery, the property does not have to be in the immediate presence of the victim, and there is no use of force. It differs from burglary in the sense that the property can be out in the open. The defendant does not have to enter private property to take it.

For example, a person is working on their computer in a park. They get up to go use the restroom and leave their laptop on a picnic table. If someone walks off with their computer while they are gone, theft would be the likely charge.

Contact Justin Now

Common Defenses to Robbery

There are many effective defenses to robbery charges. A Los Angeles robbery defense attorney can review the specific details of your case and determine what type of strategy makes sense for you.

Some of the common defenses include arguing that:

  • The defendant owned the property.
  • The victim willingly gave the property to the defendant.
  • The victim did not have control over the property, or the property was not in their immediate presence.
  • The defendant was a victim of mistaken identity.
  • The defendant was falsely accused.
  • Law enforcement did not follow proper procedures.

If you are ready to discuss your defense, contact us today for a free case review. We are here to answer your questions and help you identify all your options.

Penalties for a Robbery Conviction

Under Penal Code 211, robbery is considered a felony. There are also two kinds of robbery under the code: first-degree robbery and second-degree robbery.

A robbery is considered in the first-degree if it took place in an enclosed dwelling, trailer, floating home trailer coach, part of a building, or near an ATM. The penalties for first-degree robbery include:

  • 3 to 5 years in a state prison
  • A maximum fine of $10,000
  • Felony probation

All other types of robbery are considered second-degree, triggering the following penalties:

  • 2 to 5 years in a state prison
  • A maximum fine of $10,000
  • Felony probation

How Our Los Angeles Robbery Defense Attorney Can Help You

When you are charged with a serious crime such as robbery, it is easy to feel like the deck is stacked against you. The prosecution and law enforcement may treat you as guilty before you even set foot in court.

Thankfully, you still have rights. An experienced robbery defense lawyer in Los Angeles can identify flaws in the prosecution’s case and unearth any mistakes made during the arrest, which could lead to the charges being dropped. Additionally, if push comes to shove, a skilled criminal defense attorney can negotiate a plea deal with the prosecution, leading to a reduced sentence.

Do not wait to get the legal advice you need for your robbery defense. The early stages of a criminal case often determine the outcome. Contact us today for a free and confidential consultation with a proven robbery defense attorney.

If you are looking for a robbery defense lawyer in Los Angeles, you are in luck. Our firm serves clients in Beverly Hills, Brentwood, Burbank, Century City, Los Angeles Airport, Marina Del Rey, Pasadena, Sherman Oaks, Torrance, Valencia, and West Los Angeles. We are here to help you every step of the way, from the initial investigation to the final court hearing. Contact us today for a free consultation. We will review your case and help you determine the best course of action.