Robbery charges carry serious consequences.
You’re not facing simple theft charges. Robbery involves force or fear, which makes it a violent crime under California law. Prosecutors treat these cases aggressively. Judges impose harsh sentences. A conviction means years in state prison, not county jail.
We’ve been defending clients against robbery charges in Redwood City since 1991. That’s over three decades of experience in San Mateo County courts, working with local prosecutors and judges who handle these cases daily. At Morales Law Firm, robbery defense is what we do—and we know how to build a strong defense.
Why Choose Morales Law Firm
Board Certified Criminal Law Specialist
Christopher Morales holds certification from the State Bar of California Board of Legal Specialization in Criminal Law. Less than 1% of California lawyers have this credential. It requires passing a rigorous exam, extensive peer review, and proving you know criminal defense inside and out.
Three Decades Fighting Robbery Charges
We opened our practice in 1991. Since then, we’ve defended clients against all types of robbery charges in Redwood City and throughout San Mateo County. We know the prosecutors. We know the judges. We know what strategies work in these courtrooms.
Track Record in Serious Felony Cases
We’ve handled some of the Bay Area’s most challenging criminal cases, including violent crimes, federal prosecutions, and high-profile felonies. Robbery cases require skill and preparation. We’ve been doing this long enough to know what works and what doesn’t.
We Take Your Case Seriously
We offer free consultations so you can make an informed decision about your defense. Call us at (888) 211-2288 to discuss your case.
Understanding Robbery Charges in Redwood City, CA
California defines robbery under Penal Code § 211 as taking personal property from someone’s possession against their will through force or fear. The distinction from theft is critical. The force or fear element elevates robbery to a violent felony.
San Mateo County prosecutes robbery cases aggressively. According to the San Mateo County Superior Court, violent crimes receive priority attention from prosecutors. Robbery charges typically result in state prison sentences upon conviction, not county jail.
First-degree robbery carries 3, 4, or 6 years in state prison. Second-degree robbery means 2, 3, or 5 years. However, those are just base sentences. Enhancements can add substantial time: using a gun adds 10 years minimum, causing great bodily injury adds 3-6 years, and prior strikes can double or triple your sentence under California’s three strikes law.
Redwood City juries take robbery seriously. They’re generally conservative and sympathetic to victims. However, they also expect prosecutors to prove every element beyond a reasonable doubt. An experienced robbery lawyer in Redwood City, CA understands how to challenge weak evidence and create reasonable doubt.
The consequences are severe. A robbery conviction means losing your freedom for years. It means a violent felony record that follows you permanently. It means losing job opportunities, housing options, and professional licenses. That’s why experienced legal representation is essential.
Types of Robbery Cases We Handle
Robbery charges encompass various categories, each with specific legal elements and defenses. We defend clients against all types of robbery charges in Redwood City and San Mateo County:
- First-Degree Robbery involves robberies in inhabited dwellings, robberies of drivers or passengers of vehicles used for hire (taxis, Ubers), and robberies of people using ATMs. These cases carry harsher sentences—3, 4, or 6 years in state prison. Prosecutors charge first-degree when they can prove the robbery occurred in one of these specific locations or circumstances.
- Second-Degree Robbery includes all other robberies—robberies of businesses, street robberies, and robberies that don’t meet first-degree criteria. The sentence is 2, 3, or 5 years in state prison. It’s still serious, but the penalties are somewhat less severe than first-degree.
- Armed Robbery cases trigger mandatory sentencing enhancements under California’s 10-20-life law (PC § 12022.53). You get 10 years for using a gun, 20 years for firing it, and 25 years to life if someone suffers great bodily injury or death. These enhancements are mandatory—judges have no discretion. Armed robbery cases require immediate, aggressive defense.
- Commercial Robbery of stores, banks, and businesses gets prosecuted aggressively in San Mateo County. Many involve surveillance video, which prosecutors love. But video doesn’t always tell the whole story. We examine the quality, the lighting, the angles, and whether the person in the video is actually you.
- Estes Robbery applies when you take property from someone’s immediate presence, even if you don’t take it directly from their person. If you grab a purse from a shopping cart while someone’s standing right there, that’s Estes robbery. The force or fear element still applies—prosecutors must prove you used force or created fear.
- Home Invasion Robbery in occupied residences is first-degree and carries the harshest penalties. These cases often involve allegations of weapons, injuries, and multiple victims. Home invasion robbery charges require expert defense because the consequences are severe and the evidence is often contested.
Elements the Prosecution Must Prove
To convict you of robbery in California, prosecutors must prove every element beyond a reasonable doubt:
Taking of Personal Property
The prosecution must prove you took property that belonged to someone else. “Taking” means you gained possession of it, even briefly. But if you never actually gained control of the property, there’s no robbery.
From Another Person’s Possession
The property must have been in someone’s possession or immediate presence. This doesn’t mean physically on their person—it can be in their immediate control, like in a cash register they’re operating or a purse on their shoulder.
Against Their Will
The taking must be against the victim’s will. If they willingly gave you the property, even if you lied to get it, that’s not robbery—it might be theft by false pretenses, but not robbery.
Through Force or Fear
This is the critical element that separates robbery from theft. Force means physical force—pushing, grabbing, struggling. Fear means threatening harm to the person, their family, or their property. Without force or fear, there’s no robbery, just theft.
Intent to Permanently Deprive
You must have intended to permanently deprive the owner of the property. If you intended to borrow it or return it, that’s not robbery. Prosecutors often struggle to prove intent, especially in cases involving misunderstandings or disputes.
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I had a great experience with Morales Law Firm. They offer free consultations, which was a huge plus. With a promising track record and clear expertise, they answered all of my questions in a professional and timely manner. Attorney Chris Morales is definitely a lawyer I can trust, and I highly recommend him to anyone in need of legal help.
Common Defenses to Robbery Charges
We’ve defended hundreds of robbery cases in Redwood City and throughout California. Here are the defenses that prove effective:
Mistaken Identity
Robbery victims are often frightened, stressed, and focused on the weapon or threat rather than the perpetrator’s face. Eyewitness identification is notoriously unreliable, particularly in cross-racial identifications or incidents that occurred rapidly. We challenge identification through cross-examination, expert testimony, and highlighting inconsistencies in witness statements.
Lack of Force or Fear
Without force or fear, the offense is theft, not robbery. Sometimes what prosecutors characterize as robbery is actually shoplifting or theft. If you took property and fled without threatening anyone or using force, that’s theft—not robbery—and the penalties differ dramatically.
Lack of Intent
If you didn’t intend to permanently deprive someone of their property, you’re not guilty of robbery. Perhaps you took something believing it was yours. Perhaps you intended to return it. Intent is subjective, and prosecutors must prove it beyond a reasonable doubt.
False Accusations
False accusations occur for various reasons. Sometimes people lie to cover their own wrongdoing. Sometimes they lie seeking revenge. Sometimes they lie to collect insurance proceeds. We investigate thoroughly to uncover false accusations and expose them at trial.
Consent
If the alleged victim willingly gave you the property, there’s no robbery. This defense arises in cases involving disputes between acquaintances—perhaps an ex-partner claims you robbed them when you actually took property you believed was yours.
Alibi
If you weren’t present, you didn’t commit the offense. Alibis require documentation—witnesses, receipts, video footage, cell phone records showing your location. We gather and present alibi evidence to create reasonable doubt.
Insufficient Evidence
Prosecutors must prove every element beyond a reasonable doubt. Sometimes they cannot. Perhaps the video quality is insufficient. Perhaps witnesses contradict each other. Perhaps there’s no physical evidence connecting you to the crime. We exploit weaknesses in their case and argue for dismissal or acquittal.
Robbery vs. Theft: Understanding the Difference
Many people confuse robbery with theft. The distinction is legally significant because robbery carries substantially harsher penalties.
Theft involves taking someone’s property without permission with intent to permanently deprive them of it. Theft can be charged as either a misdemeanor or felony depending on the value. Petty theft (under $950) is a misdemeanor. Grand theft (over $950) is a felony.
Robbery is theft combined with force or fear. That addition fundamentally changes the charge. Even if you only took $20, using force or fear to take it makes it robbery—a felony with potential prison time. The property’s value is irrelevant in robbery prosecutions. What matters is the force or fear element.
Sometimes prosecutors overcharge theft as robbery. They observe a store employee who chased you or attempted to stop you, and suddenly it becomes robbery instead of shoplifting. However, simply fleeing isn’t force or fear. There must be actual force used against a person or threats that create fear. An experienced Redwood City robbery lawyer can challenge these overcharges and seek reduction to theft charges with substantially less severe penalties.
Penalties and Sentencing for Robbery in California
The base sentences for robbery in California are harsh, but enhancements make them even worse.
Second-Degree Robbery: 2, 3, or 5 years in state prison First-Degree Robbery: 3, 4, or 6 years in state prison
But enhancements can multiply these sentences:
Gun Use Enhancement (PC § 12022.53): Using a firearm adds 10 years. Firing it adds 20 years. Causing great bodily injury or death adds 25 years to life. These are mandatory consecutive sentences.
Great Bodily Injury Enhancement (PC § 12022.7): Causing serious physical injury adds 3-6 years consecutive to your sentence under California Penal Code § 12022.7.
Prior Strike Convictions: Under California’s three strikes law, a prior serious or violent felony doubles your sentence. Two prior strikes mean 25 years to life, even for a non-violent robbery.
Gang Enhancement (PC § 186.22): Committing robbery for a gang’s benefit adds 10 years consecutive to your sentence.
According to California Department of Justice data, robbery convictions result in some of the longest average sentences of any property crime. The stakes are enormous.
But convictions aren’t inevitable. With the right defense, we can fight for reduced charges, lesser sentences, or acquittal. We’ve negotiated robbery charges down to theft, gotten cases dismissed due to weak evidence, and won acquittals at trial. Every case is different, but the goal is always the same: the best possible outcome for our client.
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Christopher Morales’ most valuable trait is his straightforward honesty. He doesn’t just tell you what you want to hear. Instead, he provides with a realistic legal perspective grounded in deep knowledge, ensuring you are well informed. I was also impressed how his firm leverages modern technology which makes the entire legal process more efficient, thus more affordable. For anyone needing a highly competent, modern, and direct attorney, I strongly recommend Christopher Morales.
The Investigation and Arrest Process
Understanding how robbery investigations work helps you protect your rights.
Initial Investigation
Police respond to a robbery report and interview the victim. They gather evidence: surveillance video, witness statements, physical evidence from the scene. They create a suspect description and may issue a BOLO (be on the lookout) to other officers.
Identification
Victims often view photo lineups or live lineups to identify suspects. These identification procedures are prone to error and suggestibility. We challenge improper identification procedures through motions to suppress and expert testimony.
Arrest
Once police have probable cause, they arrest you. Sometimes they arrest the wrong person. Sometimes they arrest someone based on a victim’s mistaken identification. After arrest, you’re booked, fingerprinted, and held pending arraignment.
Search Warrants
Police may seek search warrants for your home, car, or phone to look for stolen property, weapons, or evidence. We challenge illegal searches and seizures through suppression motions. If the court grants our motion, the prosecution often can’t proceed.
Interrogation
Police will try to interrogate you. They’re trained to extract confessions, even from innocent people. Never talk to police without a lawyer present. Invoke your Fifth Amendment right to remain silent and your Sixth Amendment right to counsel. Then call us immediately.
What to Do If You’re Accused of Robbery
If you’re arrested or accused of robbery in Redwood City, these steps are essential:
Don’t Talk to Police
Exercise your right to remain silent. Don’t explain. Don’t deny. Don’t attempt to talk your way out of the situation. Police are trained interrogators who will use your statements against you. State that you want a lawyer. Then remain silent.
Contact a Robbery Lawyer Immediately
Time is critical. Evidence disappears. Witnesses relocate or forget details. Surveillance footage gets deleted. We need to begin investigating while evidence still exists. Call us for a free consultation so we can evaluate your case and begin building your defense.
Don’t Consent to Searches
If police request permission to search your home, car, or phone, decline. If they had legal authority to search, they wouldn’t request permission. Consenting waives your Fourth Amendment rights and eliminates our ability to challenge the search later.
Preserve Evidence
If you have evidence supporting your defense—alibi witnesses, receipts, text messages, videos—preserve it immediately. Write down everything you remember while details are fresh. Document your whereabouts, who accompanied you, and what occurred.
Follow Bail Conditions
If you’re released on bail, follow every condition precisely. Don’t contact alleged victims. Don’t leave the jurisdiction without permission. Violating bail conditions results in additional charges and re-incarceration.
The Legal Process for Robbery Cases
Robbery cases proceed through specific stages in San Mateo County courts.
Arraignment
Occurs within 48 hours of arrest (excluding weekends and holidays). The judge reads the charges, you enter a plea, and the court sets bail. Having a criminal defense attorney in Redwood City at your first appearance is advantageous. We can argue for reduced bail or OR release.
Preliminary Hearing
For felony robbery charges, you’re entitled to a preliminary hearing within 10 court days if in custody, or 60 days if released. The prosecution presents evidence to establish probable cause. We cross-examine witnesses, challenge evidence, and often obtain valuable information about their case.
Arraignment on Information
If the judge finds probable cause at the preliminary hearing, you’re arraigned again on the information (formal charges). You enter another plea, and the case proceeds toward trial.
Pretrial Motions
We file motions to suppress evidence, dismiss charges, or exclude testimony. These motions can be case-dispositive. If the court grants our motion to suppress the identification or the stolen property, the prosecution often cannot proceed.
Negotiation
Most robbery cases resolve through negotiation. We negotiate for reduced charges, lesser sentences, or dismissal. Sometimes we can get robbery reduced to theft, which means probation instead of prison.
Trial
If negotiation fails, we proceed to trial. You have a constitutional right to jury trial. The prosecution must prove every element beyond a reasonable doubt. We cross-examine their witnesses, challenge their evidence, and present your defense. Some cases should be tried. Others shouldn’t. We’ll provide honest guidance about which is which.
Sentencing
If convicted, sentencing occurs weeks later. We argue for the lowest possible sentence, present mitigation evidence, and challenge enhancements. Sometimes we can obtain probation instead of prison, or get certain enhancements dismissed.
Appeals
If you’re convicted, we can pursue criminal appeals or writs of habeas corpus challenging trial errors or constitutional violations.
Related Charges Often Filed With Robbery
Prosecutors often charge robbery along with other crimes.
Burglary (PC § 459): If you entered a building to commit robbery, prosecutors charge burglary too. The sentences run consecutive, not concurrent, which means they add up.
Assault with a Deadly Weapon (PC § 245): Using a weapon during a robbery triggers this charge. It carries 2-4 years in state prison consecutive to your robbery sentence.
Criminal Threats (PC § 422): Threatening someone during a robbery can result in this additional charge, adding another felony conviction to your record.
Kidnapping (PC § 207): Moving a robbery victim during the crime, even a short distance, can result in kidnapping charges with a sentence of 3, 5, or 8 years.
Carjacking (PC § 215): Taking someone’s car through force or fear is carjacking, not just robbery. It carries 3, 5, or 9 years in state prison.
Each additional charge means more years in prison if convicted. That’s why fighting these cases requires experience and skill. We challenge each charge separately and look for weaknesses in the prosecution’s case.
How We Build Your Defense
Our approach to robbery defense is methodical and aggressive.
Immediate Investigation
We start investigating immediately after you hire us. We interview witnesses, visit the scene, review surveillance footage, and gather evidence supporting your defense. Time matters—evidence disappears quickly.
Challenge the Identification
Eyewitness identification is often the weakest part of the prosecution’s case. We challenge it through cross-examination, expert testimony on memory and perception, and highlighting inconsistencies in witness statements.
Analyze the Evidence
We examine every piece of evidence the prosecution plans to use. Surveillance video, forensic evidence, witness statements—we look for problems, inconsistencies, and weaknesses. Often the evidence isn’t as strong as prosecutors claim.
File Strategic Motions
We file motions to suppress evidence obtained through illegal searches, exclude unreliable identifications, and dismiss charges based on insufficient evidence. These motions can result in dismissals or force prosecutors to offer better deals.
Negotiate From Strength
We negotiate with prosecutors from a position of strength. When they know we’re prepared to try the case and have identified weaknesses in their evidence, they’re more willing to negotiate favorable resolutions.
Prepare for Trial
If your case goes to trial, we prepare extensively. We develop our theory of defense, prepare exhibits, line up witnesses, and anticipate the prosecution’s strategy. Trial preparation makes the difference between convictions and acquittals.
Robbery Charges and Immigration Consequences
Robbery is an aggravated felony under federal immigration law. If you’re not a U.S. citizen, a robbery conviction will result in deportation. No exceptions.
This makes fighting robbery charges even more critical for non-citizens. Sometimes taking a deal that seems good from a criminal law perspective is devastating from an immigration standpoint. We work closely with immigration attorneys to structure defenses and plea agreements that minimize immigration consequences when possible.
But the reality is harsh: robbery convictions almost always trigger deportation proceedings. That’s why fighting the case and winning is often the only option for non-citizens facing robbery charges.
Frequently Asked Questions
How much prison time am I facing for robbery?
Second-degree robbery carries 2, 3, or 5 years in state prison. First-degree robbery means 3, 4, or 6 years. But enhancements can add significant time—gun use adds 10-25 years, great bodily injury adds 3-6 years, and prior strikes can double or triple your sentence.
Can robbery charges be reduced to theft?
Sometimes. If we can show the force or fear element is weak or non-existent, prosecutors may agree to reduce the charge to theft. Theft charges carry much lighter penalties—often probation instead of prison.
What if I didn’t use a weapon?
You can still be charged with robbery even without a weapon. Robbery requires force or fear, not necessarily a weapon. But cases without weapons are often weaker and more defensible.
What’s the difference between robbery and burglary?
Burglary is entering a building with intent to commit theft or a felony. Robbery is taking property from someone through force or fear. You can be charged with both if you entered a building and then robbed someone inside.
Can I get probation for robbery?
It’s difficult but not impossible. Second-degree robbery without enhancements may result in probation if you have no prior record and there are strong mitigating factors. First-degree robbery and cases with enhancements almost never get probation.
What if the victim doesn’t want to press charges?
Doesn’t matter. The state prosecutes robbery, not the victim. Even if the victim recants or refuses to cooperate, prosecutors often proceed based on the initial police report and evidence gathered during the investigation.
How do you challenge eyewitness identification?
We use cross-examination, expert testimony on memory and perception, and highlight inconsistencies in witness statements. We also challenge identification procedures that were suggestive or improper.
What happens at the preliminary hearing?
The prosecution presents evidence to show probable cause that you committed robbery. We cross-examine their witnesses and challenge their evidence. It’s also an opportunity to learn about their case and lock in witness testimony.
Should I take a plea deal?
Depends on the strength of their case, the evidence against you, and the deal they’re offering. We provide honest assessments about your chances at trial and whether the plea offer is reasonable. Some cases should be tried. Others shouldn’t.
Can you get the charges dismissed?
Sometimes. If police violated your rights, the evidence is weak, or we can show the alleged victim is lying, dismissal is possible. We file motions to dismiss when appropriate, but we can’t guarantee outcomes.
About Morales Law Firm
Christopher F. Morales started this firm with one focus: defending people accused of crimes. He graduated from U.C. Berkeley and Santa Clara University School of Law before being admitted to the California State Bar in 1991.
Since then, he’s defended thousands of clients in criminal cases throughout California. He’s certified as a Specialist in Criminal Law by the State Bar of California Board of Legal Specialization. Less than 1% of California lawyers have this certification.
His cases have drawn significant media attention. He was an expert commentator for Fox News during the Scott Peterson murder trial. The San Francisco Chronicle and San Jose Mercury News have quoted him. His work includes defending clients in violent felony cases and handling complex federal criminal prosecutions.
He served as Chairman of the Private Defender Committee for the San Mateo Private Defender Panel in 2005. He was also on the Board of Directors of the San Mateo County Bar Association from 2006-2009. This gives him unique insight into how the San Mateo County criminal justice system actually works.
Mr. Morales is a former National Boxing Champion (1984). He brings the same fighter’s instinct to defending clients in court that he brought to the ring.
Important Local Resources for Redwood City Robbery Cases
San Mateo County Superior Court – Criminal Division 400 County Center, Redwood City, CA 94063 (650) 261-5100 https://www.sanmateocourt.org/court_divisions/criminal/criminal.php The main criminal courthouse in San Mateo County where all felony robbery cases are heard.
San Mateo County District Attorney’s Office 400 County Center, Redwood City, CA 94063 (650) 363-4636 https://www.smcgov.org/da The agency prosecuting robbery cases in San Mateo County.
San Mateo County Public Defender’s Office 555 County Center, 4th Floor, Redwood City, CA 94063 (650) 363-4733 Provides free legal representation to indigent defendants who cannot afford private counsel.
Maguire Correctional Facility 270 Maple Street, Redwood City, CA 94063 (650) 363-4000 Where robbery defendants are held pending arraignment and trial if they cannot post bail.
California Courts Self-Help Center https://www.courts.ca.gov/selfhelp.htm Provides information about criminal procedures and legal rights.
Contact Morales Law Firm
If you’re facing robbery charges in Redwood City, CA, contact us immediately. These cases progress quickly, and prosecutors begin building their case without delay. We offer free consultations to evaluate your situation and explain your options.
We’re available 24/7.
Robbery charges carry serious consequences. The penalties are severe. However, you have viable defenses, and we understand how to employ them effectively. Attorney Christopher Morales handles cases personally—you won’t be transferred to a junior associate. When you retain our services, you receive representation from a Board-Certified Criminal Law Specialist with over 30 years of experience.
We serve Redwood City and all of San Mateo County. Our office maintains convenient access to the courthouse at 400 County Center. If you need a robbery lawyer Redwood City, we’re here to provide experienced representation.
Don’t speak with police without legal counsel. Don’t attempt to handle this yourself. Your freedom is too important.
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Contact us today to discuss your case with an experienced robbery lawyer in Redwood City, CA.





