A robbery occurs when someone takes something, using force or fear, from another person’s physical control, against that person’s will. A charge of robbery is a felony. Robbery can be either first degree or second degree. First degree robbery is a robbery committed in a house or inhabited dwelling, in the vicinity of an ATM machine, or against a driver or passenger of a bus, taxi, or trolley. All other robberies are second degree robbery.
Sometimes prosecutors will “overcharge” a person when in fact there is not enough evidence to support a charge of robbery. For example, if a person walks past a woman and steals her purse, without her knowledge, that person has actually committed a theft, not a robbery, since it the taking was not done using force or fear.
Robbery is a serious crime with serious consequences., including state prison time. The sentence for a first degree robbery is more serious than for a second degree robbery . Any robbery convictions will be counted as a “strike” under California’s Three Strikes Law.
If you are charged with a robbery, you should immediately speak to an experienced criminal defense attorney about your possible defenses to this serious charge. Please call Oakland criminal defense attorney Robbi Abrams Cook for a free consultation at 510-208-5051.
