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Aggravated Robbery Defense Attorney in Los Angeles
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To learn more about the laws related to Aggravated Robbery in the state of California, we advise you to keep reading, our goal is to clear all your doubts, but keep in mind that the information offered here should not be used as a substitute for a qualified and experienced attorney in criminal cases to defend you.
Criminal Defense Attorney in Los Angeles
“Robbery is the criminal taking of personal property in the possession of another, from his person or immediate presence, and against his will, carried out by means of force or fear.”
California Statutes – Penal Code 211
What is Aggravated Robbery?
California Penal Code (CPC) §211-Theft- Stipulates that the use of threats or force to seize the property of another person is a crime. Robbery is a felony and is punishable in both the first and second degree.
When is it Robbery in the First Degree?
A first degree robbery in California refers to the theft of the property or personal property of others and is carried out with violence or fear of injury or death.
When a person takes another person’s cell phone and walks away, while the victim was distracted. This crime would fit better as petty theft, since there was no violence.
Criminals enter a property, and the owners are not to be found. They take several valuables and leave.
When is it Robbery in the Second Degree?
If a person commits the act with an accomplice on the scene, he or she will be sentenced to second-degree robbery. If the perpetrator caused harm to a person not involved in the case, or used a gun, knife or other deadly weapon during the robbery, second degree robbery may also occur.
Example: The defendant takes someone else’s property by threatening his victim or violating him with a knife or firearm. Precisely because of the use of violence to obtain the stolen property.
Another example: If the thief enters a property takes valuables and the owners are inside the house and surprise him.
How is it penalized in California?
1st Degree: Burglary or breaking and entering is a first degree felony and a felony in California. Upon conviction, the maximum penalty is two to six years in prison. For second degree burglary, this is a change in California. This means that you can be charged with a felony or an unlawful act.
As a felony, second degree burglary is punishable by fines and sentenced to one to three years in prison. However, if the individual is convicted of this crime and sentenced to prison, he or she can add another year of imprisonment for each prior felony conviction recorded. If the victim is unable to defend himself or herself, i.e., persons 65 years of age or older, or under 14 years of age, disabled, hearing impaired or handicapped, an additional two years of imprisonment may be added.
In addition, if the victim has suffered great actual harm due to this crime, the defendant’s sentence may be increased from an additional three to six years. Under California Penal Code Section 489, if the individual at the time of the robbery possessed a firearm, the penalty may be three years in prison.
What If Innocent Persons Are Wrongfully Accused of Theft Crimes Based on False Accusations or Misleading Evidence?
If someone wrongfully accused you of a crime, but you have not been prosecuted, it is best to talk to an attorney about the situation and get further advice on what to do and what not to do. If you are formally charged or arrested, an attorney can provide you with advice, which can address the alleged crime and can be on standby at any time.
Now suppose someone makes an accusation against you. Your first tendency may be to try to talk to the person and “solve the problem” because you know each other, this is a complete misunderstanding. Don’t. Such conversations can further complicate things between you and the complainant or accused victim.
You can also be accused of trying to intimidate witnesses. Obviously, being wrongfully accused or charged with a crime is very stressful, especially when an incident occurs out of the blue. If you find yourself in this situation, you only need to do two things to change your situation: consult an attorney before talking to anyone and have the evidence in your hands.
Our criminal defense attorneys will listen to you and attend to your case.