San Diego Robbery & Burglary Attorney
Understanding the Elements of Robbery & Burglary
Have you been arrested for or charged with an alleged burglary or robbery? If so, you should waste no time in securing an aggressive defense from the San Diego criminal defense lawyer at JD Law. Not only could you be facing stiff fines and a long term of imprisonment, but you may even acquire a "strike" on your criminal record. In the state of California, you only get three strikes before you face 25 years to life in state prison without the possibility of parole. For this reason, we encourage you to get in touch with our Board Certified Criminal Law Specialist as soon as you have been arrested.
Attorney James N. Dicks is a former police officer who is now a board certified criminal law specialist, a title awarded only after extensive testing, training, and evaluation. Attorney James N. Dicks' unending dedication and persistence in defending his clients’ cases has earned him an excellent reputation and has caused his law firm to be one of the most successful in North San Diego County.
What is the difference between burglary and robbery?
Both offenses are considered theft crimes under California Law. However, they are charged as separate offenses. Robbery charges apply to the literal taking of another individual’s property, while burglary applies to the illegal entry of a property with intent to commit robbery or other crimes.
Whether or not any property was taken or a felony was committed, entering someone’s property with the intention of committing the illegal act is a criminal offense in itself.
According to Penal Code 211 PC, there are very specific elements that must be proven in order to convict a defendant for robbery. These factors include:
- The defendant took property that belonged to someone else
- The property was taken from the victim's immediate possession
- The defendant used force or the threat of force to take the property
- The defendant intended to permanently deprive the owner of their property
Charged with Armed Robbery in San Diego?
In the state of California, you could be charged with armed robbery if you use a weapon or threaten to use a weapon during the commission of a robbery. Since robbery is broadly defined as an act of theft that involves the use of force or the threat of harm to a victim, this offense is considered to be a violent crime. If convicted of this felony offense, you could face steep fines, a heavy prison sentence and a "strike" on your criminal record. For this reason, it may be in your best interest to discuss your case with an experienced criminal defense lawyer in San Diego as soon you have been arrested.
Since armed robbery is a felony, you could be looking at steep fines and imprisonment; however, the severity of these penalties will depend on the specific nature of the crime. For example, if a firearm is used during the commission of a robbery, you could face an additional 10 years in prison. If a firearm is actually discharged during the robbery, you could face an additional 20 years in prison.
Penalties for the Crime of Robbery in California
In California State, robbery is charged as a felony offense. Penalties will depend on the circumstances of the crime, but the two different categories include:
- First-Degree Robbery: For a first-degree robbery charge, you will be facing a prison sentence of 3 to 9 years. This can include charges for robbery of an inhabited dwelling, an ATM, a taxi driver, or someone in their vehicle.
- Second-Degree Robbery: An individual charged with second-degree robbery, you can expect to face between 2 and 5 years in prison. This is charged when the defendant has been accused of being part of a robbery that is not serious enough to be considered a first-degree robbery.
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Speak with a Board Certified Criminal Law Specialist Today
If you have been charged with robbery in the first or second degree, it is imperative that you move quickly to retain the help of an experienced criminal defense attorney in San Diego. Our lead attorney, James N. Dicks, is a board certified criminal law specialist. This means that he is an expert in his field. Not to mention, he has more than 30 years of experience to contribute to your defense. For this reason, you can trust that your future will be in capable hands when you turn to our firm for help.
Contact our firm today to schedule a confidential consultation.