Santa Ana Criminal Defense Attorney
Armed robbery is the crime of attempting to steal another person's property while using a weapon to motivate or threaten the transfer of stolen goods.
Legal Defenses to Armed Robbery
It is important to remember that arrest does not mean you're guilty. If you have been charged with armed robbery, it does not mean that you have admitted to the crime. You still have the right to fight with the help of a trusted Santa Ana criminal defense attorney at Darwish Law. The firm will customize a defense that works best for your case based on the circumstances of your arrest and the nature of your crime.
Some defenses that are typically used in armed robbery cases include:
- Police misconduct
- Failure to read Miranda Rights
- Claim of right of property
- Illegal search and seizure
- Inadmissible evidence
- No force or fear used in the situation
- Mistaken identity
- Lack of a weapon
- False accusations
- No intention to deprive individuals of property
Additional Sentences Due to Weapon Use
If you have a deadly weapon to help aid in a robbery, the California Penal Code determines that you can be charged with assault with a deadly weapon. You do not necessarily need to use the weapon in order to be charged with this crime.
Additionally, if the deadly weapon that you used in the robbery is a firearm, you can be penalized with assault with a firearm in addition to your robbery charges. If an individual is injured during the robbery, you can be charged with assault or battery.
Degrees of Robbery in California Law
According to the California Penal Code, individuals charged with robbery can face first degree or second degree charges.
First degree robbery includes robberies of:
- Drivers or passengers of any commercial vehicle
- Inhabited homes
- People who have just used an ATM
This offense can result in a three, six, or nine year prison sentence depending on the nature of your case.
Second degree robberies include any robbery that takes place under any circumstances that rise to the level of first degree robbery. For a second degree robbery, a convicted person can receive up to five years in state prison.
If you want more information about armed robbery, talk with a Santa Ana criminal defense attorney at Darwish Law today. You can schedule a free consultation with an attorney at the phone by calling (714) 887-4810.