Robbery Lawyer in Santa Ana

Under state law, robbery is defined as taking someone else’s property using force, violence, or threat. Robbery is a felony in California, so having an experienced criminal defense attorney to represent you is important for the outcome of your case. Contact the Law Office of Sheny Gutierrez in Santa Ana for guidance on your robbery charge or to schedule a free consultation.

Robbery Charges in California

If you’ve been charged with robbery in Santa Ana, the prosecutor will need to prove that the case meets the requirements of a robbery charge according to California law. This means that they will need to show that:

• You took property from another person
• They had possession of the property when you took it, or it was in their immediate presence
• You took their property against their will and used force, violence, or threats to obtain it
• You intended to keep the property from the person for a significant amount of time or permanently

Robbery involves theft, but there is a difference between these two offenses. Theft does not involve violence or threats; it is simply taking someone’s property with no intention of returning it. Robbery, however, is differentiated by the existence of force or violence. It is this element of violence that makes robbery a more severe criminal charge than most other theft crimes.

Classifications of Robbery Charges

Robbery can be classified as first-degree or second-degree. First-degree robbery involves theft that takes place when the victim is in a house, boat, or trailer; when the victim is a driver or passenger in public transportation; or while the victim is at an ATM or immediately afterward. Second-degree robbery involves any other robbery that does not meet any of the first-degree elements.

You can be charged with multiple counts of robbery if there was more than one person present when the robbery occurred; counts are not determined by the property that was stolen. For example, if you enter a taxi to rob the driver, but there is also a passenger in the vehicle, you will likely be charged with two counts of robbery even though you didn’t know the passenger would be there.

Penalties for Robbery in Orange County

First-degree robbery carries a fine of up to $10,000 and as many as six years in prison. Second-degree robbery can result in as many as five years in prison and fines of up to $10,000. However, the penalties for robbery vary significantly because there are often additional charges that accompany robbery.

The severity of sentencing is often impacted by factors such as:

• Bodily injury
• Use of a firearm
• Robbery in concert
• Prior convictions

Because there must be force, violence, or the threat of violence present in these cases, it is not uncommon for bodily injury to occur. If great bodily injury was inflicted on the victim, the prison sentence may be increased by as many as six years.

If you use a gun when committing a robbery, an extra ten years will likely be added to your sentence, and firing the firearm can bring another 20 years in addition to the robbery sentence.

Robbery in concert refers to instances when the crime is committed with at least three people in an inhabited building. For robberies in concert, defendants may receive another nine years.

Robbery Lawyer in Santa Ana

As a Santa Ana robbery lawyer with over 15 years of experience defending clients against their criminal charges, Sheny Gutierrez has a proven track record of excellence in criminal defense. He continually fights for the best possible outcome for each of his clients.

Working with a criminal defense lawyer can make a substantial difference in your case. Whether charged with first-degree robbery or second-degree, it is a serious crime. If you are proven guilty, you will be classified as a felon, and that label may follow you for the rest of your life, impacting everything from employment opportunities to housing. We believe that everyone deserves high-quality legal representation when charged with a theft crime like robbery.

Our legal team is responsive, compassionate, dedicated, and transparent throughout the entire process. Contact the Law Office of Sheny Gutierrez to schedule your free consultation.