San Bernardino Robbery Defense Attorneys

Defending Californians who have been charged with robbery crimes in San Bernardino

Have you been accused of robbery, or deliberately stealing someone else’s property by using force or fear? If so, it’s important to seek help from the best robbery defense attorneys in San Bernardino. If convicted, you could serve up to nine years in a state prison.

The Law Offices of David S. Chesley have experience working on robbery cases. We take these cases seriously, as they are felonies in the state of California. To schedule a consultation with our criminal defense attorneys, contact us today at 800-755-5174.

Robbery is a Felony in California

Robbery is the act of taking personal property from someone else, against their will, using force or fear. What makes robbery a more serious crime than theft is that it is committed against a person rather than a piece of property. In California, robbery is considered a felony under Penal Code 211. Being charged with a felony is serious and can affect the rest of your life.

Movies and TV often portray robberies as being violent crimes with masked criminals pointing guns at people. While this does refer to a classic robbery, the crime can be committed in other ways as well. Some of the less obvious ways that robberies can be committed are:

• Breaking into a house where the homeowners are present and threatening them before stealing their belongings.
• Drugging a person and stealing their possessions when they are unconscious.
• Stealing from someone who has just used an ATM and is still near the ATM.
• Grabbing a purse off someone’s shoulder while walking down the street.

Penalties for First and Second Degree Robbery

In the state of California, a robbery is a felony penalty under Penal Code 211. Your consequences will depend on the seriousness of your crime and whether you committed the crime in the first degree or the second degree.

San Bernardino First Degree Robbery

To be charged with first degree robbery under Penal Code 212.5(a) in San Bernardino, one of the following must be true:

• The crime must have been committed in an inhabited dwelling. “Inhabited” means that someone lives in the dwelling or has left but is expected to return.
• The robbery must have been committed while the victim was using the ATM machine and was still near the ATM machine.
• The robbery was committed while the victim was performing their duties as a driver, such as bus drivers and taxicab drivers.

Penalties for first degree robbery are three, six or nine years in prison and/or a $10,000 fine. Probation and restitution are also possible consequences of a first degree robbery conviction. The penalties for first degree robbery depend on the seriousness of the crime and the factors surrounding the crime.

Second Degree Robbery

Robberies that are not first degree robbery are considered second degree robbery under Penal Code 212.5. Second degree robbery is the same as first degree robbery except that it does not take place in an inhabited dwelling or near an ATM. An example of second degree robbery is pickpocketing.

Second degree robbery carries a penalty of two, three or five years and/or a $10,000 fine. Possible probation and restitution may also be penalties. To have your charges reduced or dropped, it’s important to work with a team of confident, experienced robbery defense attorneys in San Bernardino.

Are You Guilty of Armed Robbery?

Just because you steal something from someone does not mean that you can be charged with robbery. There are many factors that go into robbery cases, and the prosecutor must prove that you are guilty on all of them.

To be charged with robbery, the prosecutor must prove the following:

• You took property that was not your own
• The property was in the possession of another person
• The property was taken from someone in their presence
• The property was taken against someone’s will
• You used force or fear when taking the property
• When you used force or fear, you intended to remove the item from the person’s possession

In addition, the robbery must have taken place in an inhabited dwelling, near an ATM (after a person has used it) or while the person was performing their driving duties. Simply stealing an item from someone does not necessarily mean robbery. A team of robbery defense lawyers in San Bernardino will review your case and know how to approach it from a legal perspective.

Complications in an Armed Robbery Case

It’s important to point out that robbery falls under California’s Three Strikes law. This law requires any prior conviction of a serious felony to be sentenced to state prison for twice the time. If you have two or more prior convictions of a serious felony, you will have to serve a 25-year prison sentence.

Another law to be familiar with is California’s 10-20-Life: Use a Gun and You’re Done law. If you used a gun in your robbery, you can be charged under Penal Code 12022.53. This law raises the penalties for crimes where a gun was used. This can add substantial time onto your sentence: 10 years if a gun was used, 20 years if the gun was fired and 25 years if a person was injured or killed by the gun. You can also have your penalties raised if a person was seriously injured during the armed robbery.

Attempted Robbery Charges

What happens if you attempted to rob someone but were unsuccessful? You could be charged with attempted robbery, which carries a possible state prison sentence of 18 months to three years, and you will be required to pay a fine of up to $5,000. However, to be charged with attempted robbery, the prosecutor must prove that you had the intent to commit the crime and took at least one step toward achieving this crime. Having the right team of San Bernardino robbery criminal defense lawyers can help you fight these charges.

Legal Defenses for Armed Robbery

Fortunately, there are several legal defenses that you can use to explain the circumstances. After meeting with our criminal defense attorneys, we will determine the best legal defense based on the factors of your case. Depending on the nature of your case, we will seek to have the charges dropped or reduced.

Here are some common legal defenses used in armed robbery cases.

• No property was taken
• You did not use force or fear
• You thought you had permission to take the property
• The property wasn’t in the presence of the owner
• You were forced to take the property or under extreme duress
• You have been mistakenly identified

Schedule a Case Review Today

An armed robbery felony conviction can prove devastating for you and your family. Not only will it go on your record, but also it can prevent you from getting jobs or meeting other people. The Law Offices of David S. Chesley can help you avoid a criminal conviction. We are happy to review your case and determine the best course of action to take. Even if the evidence does point toward a robbery, we can negotiate on your behalf, enter a plea deal or take your case to trial. Call our experienced San Bernardino robbery defense attorneys for your case evaluation.