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Robbery is similar to theft, but with the added element of force or use of a weapon.
If you have been arrested and charged with robbery you need to contact a Sacramento criminal defense attorney today. California Penal Code 211 states, “Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. Further, the fear mentioned in Section 211 may be either:
- The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or,
- The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery.
The Federal Bureau of Investigation, states that there were 112,300 robbery arrests in the United States in 2010. It is a very serious offense with harsh penalties. We recommend that you do not speak with anyone regarding your case until you speak to an experienced Sacramento criminal defense attorney. Discussing the case with anyone else, may lead you to divulge information that may be taken out of context resulting in a stronger case against you. This includes police officers, especially since they are legally permitted to deceive you in the hope of a confession.
There are degrees of robbery & punishments
The sentencing and punishment for robbery all depends on whether the offense is charged as first degree or second degree robbery. A first degree robbery conviction is punishable by 3, 4, or 6 years in state prison. Further, if you and two other individuals act together to commit the robbery with a house of building, a first degree robbery conviction is punishable by 3, 6, or even 9 years in state prison. In contrast, a second degree robbery conviction is punishable by 2, 3, or 5 years in state prison.
There are also other factors that may increase your sentence which include:
- If you caused another individual to suffer a bodily injury during the commission of a robbery.
- If you use a firearm during the commission of a robbery, you can be sentenced to an additional term of 10 years.
- If you used and intentionally discharged a firearm during the commission of the robbery, you can be sentenced to an additional of 20 years in state prison.
- Discharge of a firearm resulting in a bodily injury or death can sentence one to additional and consecutive term of 25 years to life in state prison.
Furthermore, under the California Penal Code section 1192.7, robbery is considered to be a violent felony that can count as a strike on your criminal record. If you are convicted of a felony strike offense, your punishment for a robbery can be doubled because of the California’s three strikes law.
If you have been arrested and charged with robbery you need to contact a Sacramento criminal defense attorney today.
It is important to note that the court has the discretion in determining your punishment and conviction of either first or second degree robbery. Some particulars the court may consider are: the facts of the case, prior criminal convictions, and personal circumstances, such as, life circumstances, mental health, and age.
The skilled Sacramento criminal defense attorney at the Law Office of Wing & Parisi can make the difference between your freedom or jail and misdemeanor or felony conviction. We possess the skill and knowledge to prepare a thorough defense against your specific charge. Call our office today for a free consultation. We will help you clearly understand your options, and answers any question you have regarding your case.
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If you have been arrested and charged with a crime, contact the Law Office of Wing & Parisi for free consultation.