What is Armed Robbery?
The term armed robbery refers to the utilization of a weapon in a robbery. Regardless of whether the accused declares to have a weapon or not, terrorizing a victim with a weapon is recognized as an armed robbery and separated from other different types of robberies. This serious criminal offense happens when an individual takes or endeavors to take something that is possessed by another through force, savagery, use of weapon or potentially terrorizing. It is normally a felony in California State that conveys the absolute most noteworthy punishments of all other Theft Crimes and Robbery Cases in California USA.
Armed Robbery Laws in California
In California Armed Robbery is a very serious crime. Armed Robbery Law comes under California Penal Code Section 211. Using force or dread in taking property from another person in California is viewed as a critical felony or crime in the state. If the accused is charged as either first-or second-degree robbery, this offense includes taking property from any other person by using a weapon in the presence of the victim.
To convict someone for armed robbery in California, a prosecutor of the government should demonstrate six things:
- Taking another person's property;
- The victim of the case or complainant had ownership of the property at the time of this crime
- Taking the property in the presence of the owner with any weapon by put them into fear
- It was without consent of the victim;
- You utilized force with a weapon to keep staying away from other persons who are resisting you from this offense.
- Furthermore, you intended to take the property either for all time or sufficiently long enough to deny the proprietor of the greater part of its worth and the act takes place when any weapon is in your hand.
Penalties of Armed Robbery
The punishment of this offense in California State depends on some conditions like the situation and type of robbery whether it is First Degree Robbery or Second-Degree Robbery. California Penal Code Section 213 defines the punishment of armed Robbery as follows.
First Degree: Punishable up to 3, 4 and 6 years imprisonment and if it includes a criminal conspiracy and takes place inside of any property then it may be punishable by 3, 4, 5 or 9 years imprisonment
Second Degree: The second-degree armed robbery is punishable by 2,3 and 5 years imprisonment
Defenses of Armed Robbery
- Insufficient Evidence
- Minor Age
- Claim of Right
- Without cause of Action
- No intent
Federal Criminal Defense Attorney California
In the event that you or somebody you know is being accused, convicted or has been arrested for a serious armed robbery offense in California, it is essential to get the best protection from these charges by reaching one of the California top defense criminal attorney at Law Offices of Raoul Severo
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