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FAQ About California Robbery Law
May 24, 2016
The state of California takes robberies seriously. This particular crime is defined by the use of force or intimidation to take personal property from an individual in her immediate presence.
Frequently Asked Questions About Robbery
What is the difference between robbery and larceny?
To prove that the crime was a robbery as opposed to larceny, a prosecutor must prove several factors set forth by California state law. The law requires the use of some sort of force or intimidation to distinguish robbery from larceny. The victim must have been aware of the crime and feared unlawful injury to herself, her property, or another person. Larceny is defined as the unlawful taking of someone elseâ€™s property and does not involve force, harm, or intimidation.What is the difference between first-degree and second-degree robbery? First-degree robbery requires the crime to have been committed in an inhabited dwelling while the victim was on the job as a transit operator, or while the victim was using or in the immediate vicinity of an ATM. California law also prosecutes a robbery crime in the first degree if the defendant had attempted to escape with the stolen property.
The crime is prosecuted as second-degree robbery if the incident did not meet these established terms under California law but still involved force or intimidation.
What are some common defenses against robbery charges? A defendant may claim entrapment or argue that she has a legitimate claim of ownership to the property.
What is the penalty for first-degree robbery in California? A person convicted of first-degree robbery face a state prison sentence of three to nine years.
What is the penalty for second-degree robbery in California? A person convicted of second-degree robbery faces a state prison sentence of two to five years. One may also be placed on probation for three to five years with the added sentence of community service. By the end of 2012, an estimated 4,781,300 adults were under probation.
If you have been arrested for robbery, it is essential that you contact a criminal defense lawyer. You can find an attorney at law by searching online for local attorneys. Make sure you do your research to find a reputable lawyer with extensive experience defending clients in robbery cases in court.