In the case of a defendant accused of robbery, the government has the burden of proving beyond a reasonable doubt that the defendant committed the crime. The government must show that the defendant:
- He seized a foreign thing.
- He did it against the owner's will.
- Used force or threat to commit the crime.
If the government can prove these elements, the defendant can be found guilty of theft.
Those accused of theft may face a variety of penalties, including:
- Prison.
- Fines.
- Restitution to the victim.
- Prohibition of possessing weapons.
The severity of the penalties a theft defendant faces depends on a number of factors, including:
- The value of the stolen property.
- The presence of violence or threats.
- The criminal history of the accused.
Those accused of robbery have the right to a fair trial, and must be represented by a defense attorney. A defense attorney can help a defendant understand her rights and prepare her defense.
Types of theft in the United States
In the United States, there are several types of theft, including:
- Simple theft: This is the most common type of theft. It occurs when a person takes possession of another's property against the will of the owner, through the use of force or threat.
- Aggravated robbery: This type of robbery occurs when a deadly or dangerous weapon is used to commit the crime.
- Carjacking: This type of theft occurs when a person takes possession of a vehicle without the owner's consent.
- Identity Theft: This type of theft occurs when a person uses another person's personal information without their consent to commit fraud or an illegal act.
Defenses against theft
There are several defenses that can be used by those accused of theft, including:
- Excuse: The defendant may argue that he did not intend to steal the property.
- Self defense: The defendant may argue that he used force or threat to defend himself against an attack.
- Guilt on the part of another person: The defendant may argue that another person committed the robbery.
Those accused of robbery should consult with a defense attorney to discuss their defense options.
Do criminal lawyers know the legal defenses in robbery cases?
Yes, we are experienced criminal defense attorneys and are familiar with the legal defenses applicable in robbery cases, which can result in less severe sentences or a complete acquittal of charges.
It is relevant to note that prosecutors do everything possible to prove that the accused committed the elements of the crime of robbery. However, at our firm, we have the legal experience necessary to demonstrate that:
The defendant did not intend to rob or steal.
The accusation is false and motivated by feelings such as hatred, envy or jealousy, among others.
The defendant had a legitimate belief that the allegedly stolen property belonged to him.
Why is it important to know the factors that characterize the criminal type of robbery?
The California Penal Code classifies robbery as a crime that can vary in severity depending on the circumstances. If theft is considered a second-degree crime, penalties can include a sentence of 16 months to 3 years in state prison, along with fines of up to $10,000. On the other hand, if classified as a first degree crime, the state prison sentence could range from 2, 4, or 6 years.
There are certain factors that can aggravate the accusations and, consequently, increase the sanctions. These factors include the use of lethal weapons or firearms, previous criminal records, being on parole at the time of committing the robbery, and the existence of victims with wounds, injuries, or even death.
When the specific charges and potential associated penalties are understood, attorneys can initiate defense strategies appropriate for each situation. At our law firm, our theft attorneys have the experience and knowledge necessary to provide you with effective advice and representation in judicial proceedings related to theft. We are prepared to develop strong defenses that seek favorable results in court.
