If you have been charged with Robbery in Orange County for taking personal property from someone else’s person or immediate presence, against the victim’s will, through the use of force or fear, , you should contact The Atias Law Firm. Our law firm works with a team of professionals on the matter and knows how to handle these particular kinds of <strong>robbery</strong> charges. In Orange County, Robbery is divided into two degrees, First Degree Robbery and Second Degree Robbery. Robbery is usually committed when someone takes personal property from someone else’s person or immediate presence, against the victim’s will, through the use of force or fear.

Robbery Orange County Penal Code 211

First, let the top Robbery Lawyers in Orange County give you the relevant law. The relevant portion of the law that is applicable to Robbery in Orange County is summarized below. However, the full text of the Robbery laws in Orange County can be found in California Penal Code Section 211. To prove that the defendant is guilty of Robbery, the Prosecutor must prove that:

• The defendant took property that was not his own;
• The property was in the possession of another person;
• The property was taken from the other person or his immediate presence;
• The property was taken against that person's will;
• The defendant used force or fear to take the property or to prevent the person from resisting; AND
• When the defendant used force or fear to take the property, he intended to deprive the owner of it permanently, or to remove it from the owner's possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property.

The Robbery laws in Orange County can be confusing to a defendant charged with a crime. The criminal defense lawyers at The Atias Law Firm know the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense, such as theft.

Reducing a Robbery Charge To A Lesser Crime

Circumstances may allow the Prosecutor to charge you with Second Degree Robbery, rather than First Degree Robbery. If the victim was a member of a protected class, like a taxi driver, or a person who had just used an ATM, then you may be charged with First Degree Robbery. Also, if the robbery was committed in an inhabited dwelling then a First Degree Robbery charge may result. Our attorneys may be able to show that your First Degree Robbery charge should be reduced to a Second Degree Robbery charge, or even a Misdemeanor Theft charge. Call today for a free and confidential initial consultation. We can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. Our Robbery lawyers in Orange County aggressively challenge the factual circumstances of your case. If we can show that the robbery did not occur in an inhabited dwelling, or if we can show that the victim was not of a protected class then we may be able to get your charges reduced. Also, if we can show that force was not used then we may be able to get the felony dropped to a misdemeanor or infraction.

Will I Go To Jail?

Possibilities & Penalties For Robbery Charges in Orange County

Robbery is always a felony, meaning that it is punishable by time in state prison and substantial fines. First Degree Robbery may result in a sentence ranging from three to nine years in state prison. A second Degree Robbery conviction may result in a state prison term between two and five years. As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.

Robbery Defenses in Orange County

Our Robbery lawyers in Orange County knows the defenses that may help get your Robbery charge dismissed. There are a number of defenses to Robbery in Orange County, however the applicability of those defenses depends on the facts of your case. For instance, you may have believed that you had a right to take the property. That is a defense in your case that may get your Robbery charge dismissed. (If a person actually believes that he or she has a right to the property, such belief is a defense to Robbery.) One common defense is that you did not use fear or force to take the property. If you did not use fear or force then that is a defense to your Robbery charge in Orange County.

Another common defense is that the police did something wrong while investigating your case. For instance, if the Officer who stopped you did not have reasonable suspicion to stop and detain you then our attorneys may be able to get your case dismissed. Also, if you were detained by Officers who used an unreasonable amount of force then that may be a defense in your case. Another defense may be that formed the intent to take the property after the use of force or fear. The law requires that your use of force or fear is simultaneous with the intent to take the property. If we can challenge the timeline, then we may be able to get your charges reduced or dismissed. Also, if you have been charged with multiple counts of Robbery, we may be able to get all of your charges consolidated into one charge, with one penalty.

How Can Robbery Charges Be Reduced?

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. The Atias Law Firm may be able to help you get your Robbery charge reduced to a lesser charge. Our Robbery lawyers in Orange County may be able to get your Robbery charge, and the Robbery penalties reduced to those penalties associated with: Attempted Robbery, Taking an Automobile Without Consent, Auto Tampering, Misdemeanor Theft, Misdemeanor Battery, or Misdemeanor Assault.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Robbery, then you may face increased penalties in your current Robbery case. The Atias Law Firm aggressively challenges any prior convictions. For instance, if your prior Robbery conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Robbery penalties. Call our Robbery lawyers in Orange County today to see how your prior convictions may impact your current Robbery charge.

What Should I do about a Robbery charge in Orange County?

Contact The Atias Law Firm, located in Orange County, today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.