Experienced Robbery Attorney in Temecula

Second-Degree Robbery

Robbery in the second degree is the most serious type of robbery offense under California law. The penalties of a second-degree robbery conviction include 2-5 years in state prison and up to $10,000 in fines.

Determining the Severity of Robbery Offenses

It’s important to understand that, under California law, the severity of a given robbery offense is determined using the amount of victims involved, as opposed to the total value of items stolen.

Common Defenses Against Robbery Charges

How can the accused defend against robbery charges in criminal courts? Below are some common defenses against robbery allegations in California:

• Lack of intent: The defense may argue that the defendant did not have the intent to commit robbery. They may present evidence to show that the defendant had no knowledge or intention to take another person's property by force or fear.
• Mistaken identity: If the identification of the defendant as the perpetrator is in question, the defense may argue that the eyewitness testimony or other evidence is unreliable. They may present evidence showing that the witness had a limited view, there was a case of mistaken identity, or the identification procedure was flawed.
• Alibi: The defense may present evidence showing that the defendant was not at the scene of the robbery when it occurred. An alibi defense relies on providing witnesses or documentary evidence that supports the defendant's claim of being elsewhere at the time of the crime.
• Lack of force or fear: Robbery requires the use of force or fear to take property. The defense may argue that no force or fear was involved in the alleged robbery, presenting evidence that the taking of property was consensual or that there was no threat or coercion.
• Coerced confession: If the defendant's confession is a key piece of evidence, the defense may challenge its validity. They may argue that the confession was coerced or obtained through improper police tactics, such as physical or psychological pressure, rendering it involuntary.
• Lack of corroborating evidence: The defense may challenge the prosecution's evidence by showing a lack of corroborating evidence supporting the allegation of robbery. They may argue that the prosecution has insufficient evidence to prove the defendant's guilt beyond a reasonable doubt.
• Duress: In cases where the defendant committed the robbery under duress, the defense may argue that the defendant was compelled to commit the crime due to an immediate and credible threat of serious harm or death.