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If you have been accused of a crime, it makes sense to prioritize spending time researching the nature of the offense, and how the law works. If you have been accused of stealing something, you may be facing robbery charges in California.
Being found guilty of robbery can potentially lead to serious consequences. This is why you should act swiftly to develop a solid defense. By understanding the intricacies of the law, you will be better equipped to do this.
How is the crime of robbery proven in California?
A defendant can only be charged with the offense of robbery if four specific elements are established. If any of the four elements cannot be proven, it will not be possible to find a defendant guilty of robbery. This offers several possibilities in terms of creating a defense. The following are the four elements that must be proven.
Force or intimidation was used to ignite fear
Robbery must have involved some sort of behavior that was used to intimidate or control the victim. This could be through the use of weapons, verbally abusive language or threats.
The victim of the robbery was fearful for themselves or their property
A robbery is a traumatic event by definition. This means that the victim needs to have been aware that there was a threat to their safety and the security of their property.
The victim was present when the property was stolen
The victim should have been in the “immediate presence” when the property was taken. This is fairly ambiguous. But it tends to mean that the event took place within the victim’s sight or hearing.
The victim tried to escape with the property
The defendant must have been intending to leave the scene with the property in their possession for the act to be defined as a robbery.
The consequences of a robbery charge
A robbery is punishable by between two and nine years imprisonment. The length of the jail time will depend on factors such as whether the robbery took place in a home, and whether it included conspiracy.
If you have been accused of theft or robbery in California, you should take swift action to form your defense. This will give you the best possible chance of gaining a fair judgment.