Robbery

Robbery is taking something from a person and using force, or the threat of force, without the owner’s consent. Being robbed can be a frightening and a traumatizing experience. If you are harmed in some way as a result of a violent act, the physical and emotional scars can take a very long time to heal. Many victims of robbery seek justice and report the crime to law enforcement since a felony has been committed. Sometimes victims can be so traumatized that they accidently falsely accuse someone of the crime. If you have either committed the crime or have been a victim of mistaken identity you need a defense lawyer. The Law Men are highly knowledgeable on a variety of legal defenses they can use to present on your behalf.

Different Elements Determine the Severity of Robbery Charges:

• Use of a firearm or weapon
• Previous criminal record
• Resulting injury or death to victim
• Property stolen
• Location of the crime
• Victim of the crime
• Number of accomplices, such as getaway drivers or lookouts

Robbery Classifications

Third Degree Robbery

Third degree robbery occurs when a criminal uses force or an offensive weapon to take someone else’s property. Most states classify this crime as a felony of some type. Also called simple robbery.

Second Degree Robbery

• Also known as armed robbery
• A person is guilty if he commits the act with an accomplice present
• Can occur if the perpetrator causes injury to a person not involved in the crime
• Uses a gun, knife, or other deadly weapon while committing the robbery. In some states, car theft is automatically considered Second Degree robbery.
• In California, the crime will also count as a strike under the state’s three strikes law.

First Degree Robbery

• Also known as aggravated robbery
• When the victim or someone else not involved in the crime is seriously injured.
• Perpetrator is armed with a deadly weapon and threatens to use it against the victim.
• Carjacking (refers to the robbery that takes place in a particular inhabited structure) of any driver or passenger on a bus, taxi, streetcar, subway, cable car, or any person who has just used an ATM and is still in the vicinity of the ATM.
• First Degree robbery leads to a California state prison sentence .

State vs. Federal

Robbery is a state crime for the most part, but certain types of robberies fall under federal jurisdiction. The first kind of federal robbery is a bank robbery. Any robbery or attempted robbery of a bank, credit union or savings and loan institution constitutes a federal crime.
The federal government also has jurisdiction over robberies that affect articles in the stream of interstate commerce. The most common example of this is the hijacking of a truck crossing state borders.

Forensic Evidence Challenges

When it comes to robbery cases, the prosecutors are usually depending on the forensic evidences such as hair samples, fingerprints, and DNA to identify the suspect. Therefore, it is important that the defense lawyer be highly knowledgeable in forensic science to exploit any weakness in the evidence brought against his client. We, at The Law Men are committed and dedicated to providing exceptional law service to our clients.