Robbery is a crime in California that is defined as the taking or attempt
to take something of value from another person without their permission
with the intent to permanently deprive the person of it (as opposed to
borrowing it). This charge will differ in severity depending on what was
allegedly stolen, the monetary value of what was allegedly stolen and
how the property was allegedly stolen. The crime in its complete definition
and the penalties for the crime are listed in the California Penal Code
§ 211-215. This section of the penal code states that "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."
The penalties for committing first degree robbery, as defined by the penal
code, are prison terms of up to nine years. Some of these crimes may be
considered a felony. If the robbery or attempted robbery was committed
with a deadly weapon, then the individual may be facing assault with a
deadly weapon charges as well as robbery charges. According to §
215 of the penal code, "carjacking" is a type of robbery in
which an individual commits the felonious act of stealing a vehicle that
is currently in the possession of another. The punishment for carjacking
is a state prison term of three, five or nine years.
What is the difference between robbery and burglary?
Although robbery and burglary are both crimes of theft, they are actually
very different but commonly mixed up. While robbery is a taking or attempted
taking of an item of value, burglary involves the unlawful entry into
a home or other property in order to commit theft. Robbery can take place
anywhere, while burglary is a forced entry into a business, home or other
property with the intent to commit theft. The crime of larceny is different
still. This crime is different from burglary in that it does not involve
the forced entry into a structure. This type of crime involves all thefts
from a vehicle whether the vehicle was locked or unlocked at the time.
In most cases, robbery is treated as an intensified version of larceny.
There are eight major elements of robbery that must be proven in order
to constitute a conviction. There must have been a trespassing, taking,
carrying away, the carrying away must have been of personal property,
the personal property must have belonged to another, the intention must
have been to steal, the stealing must have been from the victim and the
stealing must have been accomplished by way of force or threatened violence
of some kind. The major difference then between common law larceny, burglary
and robbery is that robbery is centrally defined by the use of force or
threatening in order to accomplish the theft.
Charged with a theft crime? Call Hanson, Gorian, Bradford & Hanich!
There are two major defenses to these crimes. First of all, we may able
to present enough evidence in hopes of proving that you did not actually
commit the act of theft. Another route that our legal team is prepared
to go is to accept a plea bargain in hopes of getting your charges lessened
so that the penalties you face will not be as severe. Either way, our
firm always acts in the best interests of its clients. When you need an
attorney that you can trust and be confident in, look nowhere other than
the Riverside defense attorneys at Hanson, Gorian, Bradford & Hanich!