While people often use the terms robbery and burglary interchangeably, they are two different crimes in the state of California. Burglary involves entering someone else’s property with the intent to commit theft or a felony. Robbery, on the other hand, occurs when someone takes another person’s property through the use of threat or force. If you have been accused of robbery or any other theft crime in San Diego, criminal lawyer Peter M. Liss can help.
It is important to note that the theft does not need to be successful, nor do you need to hurt the other person. Even if you were caught shoplifting and you dropped the item you stole as you struggled with a security officer in an attempt to escape, you can be charged with robbery.
Fortunately, the prosecution must be able to prove a number of things in order for you to be convicted of robbery and a skilled San Diego criminal attorney may be able to poke holes in their case in order to enhance your defense even further. In order for you to be convicted of robbery in California, the prosecution must show that you purposefully took an item belonging to someone else and threatened or harmed someone while doing so. If, for example, you broke into someone’s home, vandalized their property and threatened them, you did not commit robbery unless you took something in the process. Similarly, if you accidentally left a grocery store with an unpaid item stored on the bottom shelf of your cart and you struggled with a security guard who tried to stop you, the fact that the item was accidentally removed from the shop means that you did not rob the store.
Because the penalties for this crime are so severe, it is critical anyone charged with robbery always fight the charges with the help of a top San Diego defense lawyer. If you are convicted of robbery, you could be imprisoned for up to five years and if a weapon was used, the sentence could be even higher. If a gun was used in the robbery, you could even be sent to prison immediately and face an additional ten years in prison.
If you have been accused of robbery, please call San Diego defense attorney Peter M. Liss at (760) 643-4050 OR (858) 486-3024 to schedule a free initial consultation.
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