San Jose Robbery Lawyer
Robbery is a violent felony in California, and something as simple as snatching a woman’s purse could send you to jail for years. At Knight Law, we work with defendants in San Jose to defend against robbery allegations. These are difficult charges to beat, so you should call our law firm as soon as possible to speak with our San Jose robbery lawyer in a private consultation.
What is Robbery?
California Penal Code Section 211 is the robbery statute. Robbery consists of taking property in someone else’s possession with the use of fear or force. Robbery differs from theft, where you take an item that’s not in someone’s possession or without any force. Waving a gun in someone’s face and demanding their wallet is robbery, as is punching someone to steal their bicycle.
Penalties for a Robbery Conviction
As a felony, robbery carries some of the most severe penalties. A second-degree robbery conviction will result in a sentence ranging from 2, 3 or 5 years, a $10,000 fine, and probation. You might also be forced to pay restitution to the victim.
A felony conviction in California can also result in a loss of civil rights. For example, your right to vote is suspended while you are serving in a prison for your felony conviction. You can also lose your gun rights. This means you cannot lawfully own, purchase, possess, or have custody over any firearm. If you do, that is another criminal offense.
How We Defend Clients from Robbery Charges
Knight Law does not simply wait for the state to hand over useful evidence. Instead, we proactively interview witnesses and look for physical and digital evidence, including video, crime scene investigations, and record and background searches. We actively search for weaknesses in the state’s case and bring a defense which is fully supported by the facts.
Some defenses to robbery include:
- Violations of your constitutional rights. Your case might be vulnerable because police violated your rights when stopping or arresting you, or if they collected evidence without a search warrant or probable cause. We can knock out evidence or even ask a judge to dismiss charges.
- Mistaken identity. Someone else committed the robbery. It is hard for victims to identify an assailant at night or when they see a gun or knife. We can attack the validity of any eyewitness identification, even one from a lineup or photo array.
- Alibi. Were you somewhere else when the crime was committed? We can use alibi witnesses, credit card receipts, ATM withdrawals, and other evidence to place you far from the crime scene.
- Insufficient evidence. The state must prove each element of the offense beyond a reasonable doubt. For example, they might not have proof that you used force or fear when you took an item.
- No force or fear: robbery requires the prosecution prove force or fear. If the prosecution cannot prove this beyond a reasonable doubt, then the conviction for robbery cannot stand.
Speak with an Experienced Lawyer in a Free Consultation
Our founder, Nana Knight, believes all individuals accused of having committed a crime deserve a strong defense. As a former prosecutor, she saw how many people were railroaded and intimidated into immediately pleading guilty. She opened her firm to provide high-quality legal defense to those accused of many crimes, including robbery.
Call Knight Law to schedule a free consultation with us today.
