Robbery
Tustin Robbery Defense Attorneys
Aggressive Defense for Robbery Charges in California
Robbery is a serious criminal offense in California. It is defined as the act of taking someone else’s property from their person or immediate presence using force or fear. The crime of robbery is a felony and is punishable by imprisonment in state prison for three, four, or six years. If the robbery was committed in an inhabited dwelling, a carjacking, or a bank robbery, the penalties are even more severe.
At the Visco & Selyem Criminal Defense, our Tustin robbery defense lawyers have over 35 years of combined experience. We have successfully defended clients against all types of theft and robbery charges. We are committed to providing the aggressive and effective defense you need to fight your charges.
Call (714) 824-4473 or contact us online to schedule a free consultation with our robbery defense attorneys in Tustin.
What Is the Difference Between Robbery and Theft?
Robbery is a type of theft crime. However, it is different from other types of theft because it involves the use of force or fear. In order to be convicted of robbery, the prosecution must prove that you used force or fear to take someone else’s property.
- Force is defined as physical force used to take the property. This can include hitting, pushing, or otherwise physically assaulting the victim.
- Fear is defined as the threat of force. This can include threatening to hurt the victim or threatening to use a weapon. The victim must have a reasonable fear of immediate harm in order for the crime to be considered a robbery.
If you took someone else’s property without using force or fear, you may still be charged with theft. Theft is a less serious crime than robbery and is a wobbler offense in California. This means that it can be charged as either a misdemeanor or a felony, depending on the value of the property that was stolen and your criminal history.
What Are the Penalties for Robbery in California?
Robbery is a felony in California. The penalties for a robbery conviction depend on the specific circumstances of the crime.
First-Degree Robbery
First-degree robbery is the most serious type of robbery. It is punishable by imprisonment in state prison for three, four, or six years. If the robbery was committed against a driver or passenger of a bus, taxi, streetcar, cable car, or other type of public transportation, the penalties are increased to imprisonment for three, six, or nine years. If the robbery was committed against a person who was using an ATM, the penalties are increased to imprisonment for three, six, or nine years.
Second-Degree Robbery
Second-degree robbery is a less serious type of robbery. It is punishable by imprisonment in state prison for two, three, or five years. If the robbery was committed against a driver or passenger of a bus, taxi, streetcar, cable car, or other type of public transportation, the penalties are increased to imprisonment for two, four, or five years. If the robbery was committed against a person who was using an ATM, the penalties are increased to imprisonment for two, five, or seven years.
Robbery of an Inhabited Dwelling
Robbery of an inhabited dwelling is a more serious type of robbery. It is punishable by imprisonment in state prison for three, six, or nine years.
Carjacking
Carjacking is a more serious type of robbery. It is punishable by imprisonment in state prison for three, five, or nine years. If the carjacking was committed against a driver or passenger of a bus, taxi, streetcar, cable car, or other type of public transportation, the penalties are increased to imprisonment for three, six, or nine years. If the carjacking was committed against a person who was using an ATM, the penalties are increased to imprisonment for three, six, or nine years.
Bank Robbery
Bank robbery is a more serious type of robbery. It is punishable by imprisonment in state prison for three, four, or six years. If the bank robbery was committed against a driver or passenger of a bus, taxi, streetcar, cable car, or other type of public transportation, the penalties are increased to imprisonment for three, six, or nine years. If the bank robbery was committed against a person who was using an ATM, the penalties are increased to imprisonment for three, six, or nine years.
What Are the Defenses to Robbery Charges?
There are several defenses that can be used to fight robbery charges in California. The best defense strategy will depend on the specific circumstances of the case. Our experienced robbery defense attorneys in Tustin can help you determine the best defense strategy for your case.
False Accusations
Robbery charges are often based on the testimony of the alleged victim. However, the alleged victim may have a reason to lie or may have misidentified the suspect. Our attorneys can investigate the case and gather evidence to prove that the alleged victim is not credible.
Insufficient Evidence
The prosecution has the burden of proving that you are guilty of robbery beyond a reasonable doubt. If there is not enough evidence to meet this burden, you cannot be convicted of robbery. Our attorneys can review the evidence in your case and determine if there are any weaknesses in the prosecution’s case.
Consent
In order to be convicted of robbery, the prosecution must prove that you took someone else’s property without their consent. If the alleged victim consented to you taking their property, you cannot be convicted of robbery. Our attorneys can gather evidence to prove that the alleged victim consented to you taking their property.
Intoxication
Robbery is an intentional crime. If you were intoxicated at the time of the robbery and did not have the intent to commit the crime, you cannot be convicted of robbery. Our attorneys can gather evidence to prove that you were intoxicated at the time of the robbery.
How Can a Robbery Conviction Affect My Life?
A robbery conviction can have serious consequences that can affect your life for many years to come. In addition to the criminal penalties, a robbery conviction can also have a negative impact on your personal and professional life.
Employment
Most employers conduct background checks on job applicants. A robbery conviction on your criminal record can make it difficult to find a job. Employers are often hesitant to hire someone who has been convicted of a violent crime.
Housing
Most landlords conduct background checks on prospective tenants. A robbery conviction on your criminal record can make it difficult to find a place to live. Landlords are often hesitant to rent to someone who has been convicted of a violent crime.
Firearms
A robbery conviction can result in the loss of your right to own or possess a firearm. It is a federal crime for someone who has been convicted of a felony to own or possess a firearm. If you are convicted of robbery, you will be prohibited from owning or possessing a firearm for the rest of your life.
Immigration
A robbery conviction can have serious consequences for non-citizens. If you are not a U.S. citizen, a robbery conviction can result in deportation. It can also make it difficult to obtain U.S. citizenship or a green card.
Why Do I Need a Robbery Defense Lawyer?
If you have been charged with robbery, you need to hire an experienced robbery defense lawyer as soon as possible. A conviction for robbery can result in a lengthy prison sentence and other serious consequences. Our attorneys can help you fight your charges and protect your rights.
We can help you by:
- Investigating the case and gathering evidence to prove your innocence
- Reviewing the evidence in your case and determining if it was obtained illegally
- Challenging the credibility of the alleged victim
- Negotiating with the prosecution to get your charges reduced or dismissed
- Representing you at trial and presenting a strong defense on your behalf
Get the Aggressive Defense You Need
If you have been charged with robbery, you need to hire an experienced robbery defense lawyer as soon as possible. At the Visco & Selyem Criminal Defense, our Tu robbery defense attorneys can help you fight your charges and protect your rights. We have a long track record of success and know what it takes to win in the courtroom. We will aggressively defend you against your charges and work tirelessly to get the best possible outcome in your case.
Call (714) 824-4473 or contact us online to schedule a free consultation with our robbery defense attorneys in Tustin.
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A Aghili2024-04-22Josh Visco is a caring human and a great lawyer. I have been represented by Mr. Visco a few times and he is an exemplary professional with a vast knowledge of the law. Above all that, he treats clients like family which I really appreciate. I highly recommend this law office.Christian Alvarez2023-08-24Highly recommend! Mr. Visco helped me immensely on my case, for sure will recommend to anyone who needs the help!Abraham Zamora2023-05-02Just had the opportunity of working with Josh. He was direct and honest and a pleasure to work with. Thank you.H2023-04-09I couldn’t be happier with the representation I received from Visco & Selyum. Thank you Michael for going above and beyond to make what would otherwise be a nightmare into a very pleasant experience.Nazareth Martinez2023-04-05Mr. Visco was extremely helpful over the phone and answered all my questions. Thank you so much for the peace of mind!daniela blagojevic2023-04-04Attorney Michael Selyem is someone I recommend without hesitation. He has so much knowledge because of his experience as a police officer, a prosecutor and a criminal defense lawyer. He literally knew what the other side was going to do before they even did it. On my case, he successfully got my DUI case dismissed in exchange for a plea to an infraction. His actions in the court room saved my freedom, my job and my professional license. Mr. Selyem took the time to listen to me and my concerns. He always made sure I understood what was going on throughout the entire process. Any time I called or text him he responded immediately. I would recommend Mr. Selyem to my family and friends any time!Jesse Gonzalez2023-04-03Joshua Vasco helped a relative of mine through a very dark and troubling experience and provided guidance, knowledge, and reassurance throughout the entire process. Mr. Vasco explained the process we were going through and answered all the questions we ever asked him. Having worked in the district attorney's office in San Bernardino County, it is obvious Mr. Vasco knows his way around the San Bernardino Courthouse as well is familiar with the players involved. Joshua's level of professionalism, kindness, and competence is off the charts and is someone I would rely on if I ever find myself in need of awesome legal representation. A call to Josh would be an absolute no-brainer for me for any legal need! Josh is the real Deal! Thank you, Mr. Vasco!!Shane HardWood2023-04-02Mr. Selyem responded quickly and professionally. Choosing him was a no brained based on his experience in law enforcement and his experience in the courtroom. He completely saved my bacon! I couldn’t be happier!Lane Owens2023-04-01My name is Lane Owens and Michael Selyem represented me recently when I was charged with a murder that I was not involved in, as well as several other cases with a maximum exposure of life in prison plus 20 more years. Thanks to his extensive knowledge of the law and his experience in trial he was able to get the murder charge dismissed by a 99.5 motion as well as time served for the remaining cases, with no probation or parole. Michael literally saved my life and as far as I'm concerned he is the best attorney out there.Roy2023-03-29Man..hands down Josh Visco is an amazing attorney. He was very straightforward person with no BS meter. I definitely would recommend him to my friend ls and family