Our team has defended numerous robbery cases in San Diego County courts. We’ll carefully examine all evidence and circumstances to build a strong defense strategy for your case.
If you or a loved one are facing robbery charges in Chula Vista, you need a criminal defense lawyer who understands the severity of these allegations and knows how to fight back against aggressive prosecution tactics.
Under California Penal Code 211, robbery is defined as taking personal property from another person’s possession, against their will, using force or fear. This means that robbery is more than just theft – it involves the use of violence, threats, or intimidation to take something from someone else.
There are two main types of robbery charges in California:
First-degree robbery (California Penal Code 212.5(a)): This includes robberies that take place in an inhabited dwelling, during a carjacking, or against a driver or passenger of a bus, taxi, cable car, or other transportation for hire.
Second-degree robbery (California Penal Code 212.5(b)): This encompasses all other types of robberies that don’t fall under the first-degree category.
The penalties for a robbery conviction in California can be severe. First-degree robbery is punishable by 3, 4, or 6 years in state prison, while second-degree robbery carries a potential sentence of 2, 3, or 5 years. If you have prior strike offenses under California’s Three Strikes Law, you could face even longer sentences of up to 25 years to life.
In addition to prison time, a robbery conviction can result in substantial fines and restitution payments to the alleged victim. You may also face collateral consequences like difficulty finding employment and housing, loss of gun ownership rights, and potential immigration issues if you’re not a U.S. citizen.
Common Defenses Against Robbery Allegations in Chula Vista
Just because you’ve been accused of robbery doesn’t mean you’ll be convicted. There are many potential defenses that a skilled criminal defense lawyer can raise on your behalf, depending on the specific facts of your case. Some common defense strategies include:
Mistaken Identity
In some cases, the alleged victim or witnesses may have misidentified the perpetrator. This can happen if the robbery occurred quickly, under poor lighting conditions, or if the suspect was wearing a disguise. Your attorney can challenge any eyewitness identifications and present evidence of your alibi if necessary.
False Accusations
Unfortunately, people sometimes falsely accuse others of crimes like robbery out of anger, jealousy, or a desire for revenge. If you believe you’ve been wrongfully accused, your lawyer can investigate the accuser’s motives and credibility.
Lack of Intent
To be convicted of robbery, the prosecution must prove that you intended to permanently deprive the owner of their property. If you honestly believed you had a right to the property or only intended to borrow it temporarily, you may have a defense against the robbery charge.
Duress or Coercion
If you were forced to commit the robbery under threat of harm to yourself or your loved ones, you may be able to raise a duress defense. This can be a difficult defense to prove, but it may be applicable in certain situations, such as if you were coerced by a gang or abusive partner.
Insufficient Evidence
The prosecution has the burden of proving every element of a robbery charge beyond a reasonable doubt. If there are gaps or inconsistencies in the evidence against you, your attorney can argue that the case is too weak to support a conviction.
Violation of Constitutional Rights
If the police violated your constitutional rights during the arrest or investigation, such as by conducting an illegal search or interrogating you without reading your Miranda rights, your attorney can file a motion to suppress any illegally obtained evidence. This can significantly weaken the prosecution’s case against you.
At David P. Shapiro Criminal Defense Attorneys, we’ll thoroughly investigate your case and develop a personalized defense strategy based on the unique circumstances of your situation. We’ll work tirelessly to achieve the best possible outcome, whether that means fighting for an acquittal at trial or negotiating a favorable plea deal to reduce the charges and penalties.
Consequences of a Robbery Conviction in California
A robbery conviction can have a profound impact on your life, both in the short term and long term. Some of the potential consequences include:
Lengthy prison sentences, especially if you have prior felony convictions
Substantial fines and restitution payments to the alleged victim
A permanent criminal record that can make it difficult to find employment, housing, and educational opportunities
Loss of your right to own or possess firearms
Potential deportation or other immigration consequences for non-U.S. citizens
Damage to your personal and professional reputation
Strain on your relationships with family and friends
With so much at stake, it’s crucial to have a knowledgeable and experienced robbery defense lawyer on your side. Don’t try to navigate the criminal justice system on your own – let us fight for your rights and your future.
How Our Chula Vista Criminal Defense Lawyers Can Help with Your Robbery Case
At David P. Shapiro Criminal Defense Attorneys, we understand how stressful and overwhelming it can be to face robbery charges. We’re here to provide the skilled legal representation and personal support you need during this difficult time. When you choose our law firm to handle your case, you can expect:
A team of experienced criminal defense lawyers who have handled numerous robbery cases in Chula Vista and throughout San Diego County
In-depth knowledge of California’s robbery laws and the most effective strategies for challenging the prosecution’s case
A commitment to protecting your constitutional rights and holding the authorities accountable for any misconduct or abuse of power
Thorough investigation and analysis of the evidence against you, including police reports, witness statements, and any surveillance footage or physical evidence
Skillful negotiation with prosecutors to seek a dismissal or reduction of the charges whenever possible
Aggressive courtroom advocacy if your case goes to trial, including cross-examining witnesses and presenting compelling arguments to the judge and jury
Personalized attention and responsive communication throughout your case, so you always know what’s happening and can make informed decisions about your defense
Whether this is your first arrest or you have prior criminal convictions, we’ll treat you with the respect and compassion you deserve. We know that one mistake shouldn’t define your life, and we’ll work tirelessly to help you put this difficult chapter behind you.
Related Practice Areas
At David P. Shapiro Criminal Defense Attorneys, we provide skilled representation for a wide range of theft and property crimes in addition to robbery, including:
Petty Theft
Grand Theft
Burglary
Carjacking
Embezzlement
Shoplifting
Receiving Stolen Property
If you’re facing any type of criminal charges in Chula Vista or the surrounding areas, our experienced attorneys are here to help. We’ll work tirelessly to protect your rights and achieve the best possible outcome in your case.
Contact a Top-Rated Chula Vista Robbery Attorney Today for a Consultation
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
Here’s What You Need to Know to Regain Control of Your Future
Charged with a crime in San Diego? Wondering how the case will affect your reputation, career, and freedom? Trying to figure out what comes next? Look no further! David’s book addresses common misconceptions and mistakes made by those charged with a crime in San Diego. Some of the chapters include topics such as:
What Our Clients Say About Their Experiences With Us
—ANTONIO G.
“I came to David Shapiro to end my probation early and expunge my case. I had a very positive and very informative experience with him. David and his assistant Maria were excellent and always kept in the loop of what was going on.”
—ERIN T.
“Helping good people get their lives back is not just a catch phrase. They mean what they say and are serious about taking care of the client. Ally Keegan and the team at Law Office of David Shapiro are AMAZING! My charges for a 25 plus year old case were dismissed, it was not easy but I truly believe that if I had went with any other Law Firm that the outcome would have been very different. Thank you Ally for helping me get my life back!”
—STEPHANIE.
“I called many lawyers after I got my DUI. Stefano was the only lawyer who put my mind at ease and gave me a sense of relief. He constantly communicated with me about my case and laid out all my options. He was willing and able to do whatever he could to help me. He went above and beyond what was expected.”
—JASON
“I have used David 2 times in the past and he has by far exceeded my expectations. He has great knowledge and knows the system. He is straight forward and honest and somebody you can trust without doubt. I would recommend him to friends, family, and anybody that needs help. Best attorney I’ve ever come across.”
—Nancy
“Stefano Molea was extremely professional and consistently timely with responses to my questions. Most of all, Stefano was reliable. Stefano was diligent with discovery and always prepared and tenacious when relevant to the situation. Stefano is an attorney that you can count on for the best outcome. Thank you Stefano for all you did in my case. You’re so awesome!!!!”
—Ryan
“Ally was an absolute pleasure to work with. Her calm and reassuring demeanor was matched with her excellent knowledge, dedication, thoroughness. We unfortunately found ourselves in need of a criminal lawyer and we can without a doubt say that having Ally and her firm represent us from the beginning was the best choice we could have made.”
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
What's the difference between robbery and burglary?
While both robbery and burglary involve theft, there are some key differences between these charges. Robbery requires the use of force or fear to take property directly from someone else, while burglary involves entering a building or structure with the intent to commit theft or another felony once inside.
Can I be charged with robbery if I didn't use a weapon?
Yes, you can face robbery charges even if you didn’t use a weapon like a gun or knife. The key element is the use of force or fear to take property from another person. This can include verbal threats, physical violence, or even gestures that imply you have a weapon.
What if the alleged victim consented to give me the property?
If the alleged victim voluntarily consented to give you the property, then it may not meet the definition of robbery under California law. However, this can be a challenging defense to prove, especially if there are conflicting statements or evidence of coercion.