Theft Lawyer San Francisco, CA
Pick up any newspaper or watch any local news program, and there seems that there are always multiple reports of armed robberies. Stories of convenience stores and delivery drivers getting robbed at gunpoint are disturbingly common, as thieves take dangerous chances in hopes of gaining what usually amounts to a small amount of money. According to national statistics, the average commercial robbery nets $1,589, while the average convenience store robbery nets even less, at $769.
Degrees of Robbery
Every state sets its own criminal justice statutes, but for the most part, there are a great many similarities for certain crimes, especially the more serious ones. Generally, state statutes include three degrees of robbery, all of which are classified as levels of felonies. The various degrees depend on the independent details of the incident.
Robbery in the first-degree occurs when:
- The defendant causes serious physical harm to any person not participating in the crime; or
- The defendant is armed with a deadly weapon; or
- The defendant uses or threatens usage of a dangerous object; or
- The defendant displays or threatens to use what he represents to be a firearm.
Robbery in the second-degree occurs when:
- The defendant is aided by another party in commission of the theft; or
- The defendant or another participant displays or threatens to use what is represented to be a firearm; or
- The larceny occurs on the premises of a banking facility and involves the intimidation of a bank employee in furtherance of the offense.
Robbery in the third-degree occurs when, in the course of committing a larceny, a defendant uses or threatens to use immediate force upon another person to:
- Prevent or overcome resistance to the larceny; or
- Compel the owner of the property or another person to deliver the property.
The difference between theft and robbery charges is often the use of force. Also, unlike general theft or larceny charges, robbery does not account for the value of property taken. It is an offense that focuses on the use of force.
The seriousness of a robbery charge should not be underestimated. A felony conviction not only affects a defendant’s freedom, but also the ability to vote or own a firearm in the future. However, there are numerous defenses to robbery that can be asserted by an experienced attorney.
For robbery in the first-degree, if the defendant’s weapon was not capable of actually firing a shot, that is a possible defense to the charges. Your criminal defense attorney may also be able to assert mistaken identification, or lack of intent to successfully obtain a not guilty verdict.
Have You Been Charged?
If you are facing robbery charges, or any other criminal charge, you need a theft lawyer San Francisco, CA offers who will aggressively fight to protect your rights against an often-overzealous prosecutor. Contact a law firm today to speak with a defense attorney to learn how they can help defend your rights and freedom.
Contact the Morales Law Firm for their insight into criminal defense and everything to know about armed robbery charges.