In California, robbery is considered as a serious felony-level offense. Under Penal Code 211 PC robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
In Order to Be Found Guilty of Robbery Under Penal Code 211 the Court Must Prove:
- Defendant took property that belonged to another
- The property was taken from another person’s possession and immediate presence.
- The property was taken against that person’s will.
- The defendant used force or fear to take the property or in effort to prevent the victim from resisting.
- When the defendant used force or fear to take the property, defendant intended to take the property away permanently or for such an extended period of time that the owner would be deprived of the value or enjoyment of the property.
What If Stolen Property Was Returned Shortly After Robbery Was Committed?
Unfortunately, even if a defendant decided to immediately return the stolen property, they may be charged with robbery.
What Defenses Can I Use If I am Facing Robbery Charges under Penal Code 211?
As mentioned above, robbery is a serious crime and, if you’re facing robbery charges you must raise the best defense possible. A Los Angeles criminal defense attorney can develop a defense that can potentially either drop or mitigate the charges. For instance, a A criminal defense attorney paints a picture that creates reasonable doubt about whether the defendant had the intent to commit the crime. Some typical robbery defenses include:
- Defendant obtained property under a claim of right. Defendant did not have the intent required for the crime.
- If defendant believed in good faith that he or she had a right to that specific property or specific amount of money, and thus, openly took it.
- NOTE: Claim-of-right defense does not apply if defendant tried to conceal the taking of the property at the time it occurred or after the taking was discovered
- The defendant acted under duress
- Defendant did not have intent or mental state required to commit the crime
- Defendant reasonably did not know a fact or reasonably and mistakenly believed a fact
- Defendant was intoxicated at the time the crime was committed
- Defendant was involuntary intoxicated at the time the crime was committed
- Defendant was mentally impaired at the time the crime was committed
- Defendant was under the influences of drugs or prescription drugs at the time crime was committed
If you are facing robbery charges under Penal Code 211 PC or any other theft charges it is imperative to your criminal case that you speak with an experienced Los Angeles criminal defense attorney immediately. Our criminal defense attorneys can help mitigate your robbery or other theft charges. Call us today and schedule an free consultation. We will evaluate your case, determine what defenses may apply to you, and develop a strategic defense for your criminal case. Call now and speak with one of our criminal defense attorneys at (844) 522-7752. We are available 24-hours a day.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.