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Robbery, Carjacking, & First Degree Burglary Attorney
Many violent crimes, such as robbery, burglary, or carjacking, may be considered a serious or violent felony under the Three Strikes Law and therefore a conviction for any of these offenses can result in life-altering consequences and devastating punishment.
Robbery
Although many people associate robbery with the use of a deadly weapon and a masked person attempting to take money from a person or bank, California criminal law defines robbery as an offense which takes place in much less extreme circumstances. Robbery occurs when a person takes property that does not belong to him or her, in the immediate present of the person, against his or her will, by force or fear. There does not need to be a weapon of any sort involved as long as force of fear was allegedly used. An allegation of force could be as simple as the use of one’s arms or legs. An allegation of fear could be the simple utterance of a verbal threat which made the alleged victim fear for himself/herself or his/her property.
Possible Penalties
- up to 9 years in state prison (first degree robbery)
- up to 6 years in state prison (second degree robbery)
- a felony on the defendant’s record
- a potential strike on the defendant’s record
- formal probation or parole period
- full repayment of restitution to alleged victim
Possible Defenses
- lack of intent to take the property
- lack of use of force or fear
- claim of right: honest belief the property belonged to you
Carjacking
Under California criminal law, carjacking occurs when a person takes a car from another person, in his or her immediate presence, against his or her will, through force of fear. Just as with a robbery charge, there are many possible defenses to carjacking such as:
- lack of intent to take the car (either permanently or temporarily)
- lack of force or fear
- consent from owner to borrow the car
- claim of right (honest belief you were entitled to use the car)
Possible Penalties
- up to 9 years in state prison
- a felony on the defendant’s record
- a potential strike on the defendant’s record
- formal probation or parole period
- full repayment of restitution to alleged victim
Burglary
Burglary may be one of the most overcharged criminal offenses in California. First degree burglary occurs when a person enters an inhabited dwelling (house, apartment, trailer, boat etc.) with the intent to commit any felony, such as grand theft. Second degree burglary occurs when a person enters any other type of structure (commercial store etc) with the intent to commit any felony, such as grand theft.
Possible Penalties
- up to 6 years in state prison (first degree burglary)
- up to 3 years in prison or 1 year in county jail (second degree burglary)
- a felony on the defendant’s record
- a potential strike on the defendant’s record (first degree only)
- formal probation or parole period
- full repayment of restitution to alleged victim
Other possible factors, and sentence enhancements, that may significantly increase punishment:
- alleged gang involvement (i.e. that the crime was committed for the benefit of a gang)
- great bodily injury enhancement
- use of a deadly weapon
- multiple alleged victims
- application of the felony-murder rule
If you, or a family member, has been accused of a violent crime such as robbery, carjacking, or burglary, then you need an aggressive and experienced violent crimes defense attorney to fight your case. Call the Law Offices of Karen L. Goldstein for a free, confidential consultation: (888) 445-6313.