Robbery is the crime of taking someone’s property by force, using violence, or the threat of violence. Armed robbery is the same theft-related crime but with the use of a deadly weapon such as a firearm. To be considered armed robbery, the victim must be threatened with a weapon or injured or killed with a weapon. This is a serious violent crime in the state of California. If you are searching for a defense for your armed robbery case, reach out to a Tehama County violent crimes lawyer for representation and advice.
What Are My Defense Options for Armed Robbery?
There is a variety of defense options that you can employ with the help of a skilled attorney. Some ways to defend against armed robbery charges include the following.
- You are innocent
- In a United States court, you are innocent until proven guilty. If the prosecution cannot prove that you are guilty beyond a reasonable doubt, you can be found not guilty.
- Lack of intent
- A major component in a lot of crimes is the intention of the person committing the crime. Your lawyer can argue that you did not intend to rob the victim, that you did not have or use a weapon during the robbery, or that the victim was not injured or harmed.
- You were intoxicated
- Sometimes a court may see intoxication as a factor that lessens your criminal liability. Additionally, if you were involuntarily intoxicated by someone drugging you, for example, that can be a defense as well.
- Duress
- If you can prove that someone coerced you to commit the crime by threats or blackmail, you may be able to defend against your charges.
Keep in mind that all of these defenses will require solid evidence to back them up. For example, if you are arguing involuntary intoxication you will need proof that you were intoxicated at the time of the crime and reasonable evidence that you did not willingly ingest the drugs or alcohol. Additionally, if you are arguing duress, you will need evidence that someone was genuinely threatening immediate bodily harm and there was no opportunity for you to avoid committing the crime.
What Are the Penalties of Armed Robbery in California?
In California, the penalties for robbery and armed robbery will vary greatly depending on the circumstances of your case. Because armed robbery is a criminal offense in CA, a conviction will result in serious fines, prison time, and a criminal record.
For a second-degree robbery charge, you may be sentenced to up to five years in prison. For a first-degree charge, you will face up to nine years in prison. However, other factors can increase your charges.
- If you committed armed robbery you may have 10 years added to your sentence
- If you discharged a firearm during the robbery you may be given 20 years
- If someone was seriously injured or killed you may face 25 years to life in prison
