Robbery Lawyer in Marin County

According to California Penal Code Section 211, robbery is defined as the felonious taking of personal property in possession of another, from their person or immediate presence against their will, which is accomplished by means of force or fear.

It is understandable to get robbery and theft mixed up. In California, they are distinct and separate criminal acts. For example, theft (also known as larceny) is considered to be the illegal taking of another’s property with the objective of permanently robbing them of said property. In contrast, robbery involves the use of power, terror, or intimidation while attempting to take another’s property. In effect, robbery entails a direct encounter or threat.

There are a number of potential defenses that could be raised to combat a robbery charge. However, the specific facts and circumstances of your case will largely dictate which defenses are most viable. This is why it makes sense to retain the services of an experienced robbery lawyer in Marin County to discuss your legal options. 

Some potential defenses include:

• Reasonable belief you owned the property that was allegedly taken – This is often referred to as the “claim of right” defense. It may be raised if there is evidence to indicate you had a reasonable belief that the allegedly-stolen property actually belonged to you. 

• Mistaken identity – In certain cases, there may be evidence to indicate you were the victim of mistaken identity. For example, if the robber was wearing a mask, it may be an open question as to whether you were the perpetrator of the crime. 

• No evidence of force or fear – In some instances, it may be possible to assert that you did not use force or fear to obtain the property at issue. This is relevant since the use of force or fear is a key element to convict someone of the criminal act of robbery. 

The impact of a robbery charge on your record can be significant and long-lasting. If convicted, you could be ordered to serve years in state prison, pay a large penalty, and serve years on probation. In addition, having a criminal conviction on your record can adversely impact your ability to secure housing, employment, professional certifications, and/or educational opportunities.