California Criminal Defense Lawyer Blog
A 35 year old woman was walking through the parking lot of a shopping center in Irvine, Orange County, California when a man tried to grab her purse from her. During the scuffle, the victim fell to the ground and held on to her purse. The suspect ran to a waiting car which then drove away. Surveillence cameras captured the suspects image.
If the suspect is caught and charged with attempted robbery, he could be facing up to 3 years in State Prison if convicted. Robbery is the unlawful taking or attempted taking of property from another against their will by means of force or fear. Robbery is a serious felony punishable by state prison. The punishment will depend on whether the crime was first degree robbery or second degree robbery. Robbery is a “Strike” in California and falls under the “Three Strikes Law“. Using a gun during a robbery adds 10 years to the robbery sentence.
An experienced Orange County Criminal Defense Attorney will understand the many elements that constitute robbery. An Orange County Robbery Defense Attorney will know when to raise the proper defenses. There must have been intent to take the property before or during the time force or fear was used. In order to be convicted of robbery the defendant must have used force or fear to take the property. There must be taking of the property to constitute robbery. The property need only be moved a small distance to constitute taking. Another defense could be that the person honestly believed that he or she had a right to the property. Finally, there must be force, more than the incidental touching necessary to take the property.
Any person charged with robbery of any kind should contact an experienced Orange County Criminal Defense Attorney as soon as possible. The laws involving robbery can be complicated so an attorney experienced with Robbery Defense and/or Attempted Robbery Defense is of paramount importance.
If you would like to know more about First Degree Robbery, Second Degree Robbery or Attempted Robbery, whether in Irvine, Newport Beach, Tustin, Santa Ana or Anaheim, contact Orange County California Criminal Defense Attorney William M. Weinberg at 949-474-8008.