Robbery is\u00a0taking personal property from another person’s body\u00a0or immediate presence through force or fear and against the victim’s will. The fear may be of an immediate\u00a0injury to the person, their property or a member of that person’s family or to anyone in the company of the person robbed at the time of the robbery. In San Diego, a\u00a0person charged<\/a> with robbery will face different punishments depending on whether he or she is convicted of first or second degree robbery.<\/p>\n First degree robbery is reserved for the most serious robbery offenses. This includes robberies of drivers or passengers of any type of commercial vehicle, robberies of inhabited residences, and robberies of people who are using or have just finished using an ATM.<\/p>\n Second degree robbery is reserved for robbery that takes place under any circumstance that doesn’t rise to the level of first degree robbery.<\/p>\n In consideration of the seriousness of robbery, California has criminalized it under Penal Code section 211. Under this law, \u201cRobbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear”.<\/p>\n A structure that is used as a dwelling;\u00a0whether occupied or not.<\/p>\n Basically, to convict someone of PC 211, the prosecutor must prove each of the following elements beyond a reasonable doubt:<\/p>\n A total of three strikes on a person\u2019s criminal record means that person could be sentenced to life in California state prison without parole.<\/p>\n A total of three strikes on a person\u2019s criminal record means that person could be sentenced to life in California state prison without parole.<\/p>\n An enhancement offense is an offense whose commission alone increases the penalties for the original crime. In California, if a person is\u00a0found guilty of robbery, that person\u00a0could face a sentence enhancement of additional and consecutive sentence in state prison depending on the following factors:<\/p>\n Once convicted of first degree robbery where the convicted person and at least two other people robbed an inhabited structure, a\u00a0sentence may be enhanced an additional and consecutive 3, 6, or 9 years in California state prison.<\/p>\n If a person receives a great bodily injury in the commission of a robbery, an additional and consecutive 3 to 6 years will be added to the original prison sentence.<\/p>\n The use of a gun during a robbery will result in an additional 10 years in California state prison.<\/p>\n A sentence may be enhanced an additional and consecutive 20\u00a0years if the\u00a0gun is actually discharged during the robbery.<\/p>\n Moreover, if a person\u00a0is injured or killed with a gun during the robbery, an additional 25 years to life will be\u00a0added to the original prison sentence.<\/p>\n In addition\u00a0to the criminal penalties under PC 211, a defendant who is not a U.S. citizen and is convicted of robbery\u00a0will face immigration consequences. Robbery\u00a0is a violent felony automatically considered an aggravated felony if a sentence of one year or more is imposed. Robbery is also considered a crime or moral turpitude.\u00a0Crimes of moral turpitude are offenses that the U.S. government considers go against society’s standards of morality.<\/p>\n Consequently, a conviction for robbery could\u00a0render a non U.S. citizen defendant inadmissible. Inadmissibility means that the defendant will not be eligible for a green card, citizenship or be\u00a0allowed to re-enter the U.S. If you are convicted of robbery\u00a0under California Penal Code 211, you may\u00a0be subject to removal or deportation proceedings. At Monder Law Group, we understand the immigration implications your charges carry and we\u00a0will ensure that your\u00a0defense strategies focuses on avoiding these detrimental consequences.<\/p>\n Because of the severity of the penalties that are involved with robbery\u00a0charges, your criminal defense attorney will have to determine which legal defense strategy\u00a0will work best in your particular situation.<\/p>\n Here is a list of the most common defenses for robbery:<\/p>\n If you or someone you know is being accused of robbery, you need to immediately contact San Diego criminal defense attorney Vik Monder at (619)405-0063 to handle your case. Robbery is a violent felony that will result in serious prison terms, a strike in your criminal record, and could get you deported if you are not a U.S. citizen.<\/p>\n Do not take the risk, this is the rest of your life we are talking about. Contact attorney Vik Monder at (619)405-0063 he will\u00a0do everything in his power to\u00a0fight for you so you don’t have to face the detrimental consequences of theft crime charges<\/a>, from robbery charges to\u00a0charges for receipt of stolen property<\/a>.<\/p>\n Robbery\u00a0in San Diego Robbery is\u00a0taking personal property from another person’s body\u00a0or immediate presence through force or fear and against the victim’s will. The fear may be of an immediate\u00a0injury to the person, their property or a member of that person’s family or to anyone in the company of the person robbed at the time of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-404","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\nFirst Degree Robbery<\/h3>\n
Second Degree Robbery<\/h3>\n
Understanding Penal Code Section\u00a0211<\/h2>\n
Inhabited:<\/h3>\n
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Robbery is\u00a0a Felony<\/h2>\n
Felony First Degree\u00a0Robbery\u00a0Penalties:<\/h3>\n
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Felony Second Degree Robbery\u00a0Penalties:<\/h3>\n
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Enhancements for\u00a0Robbery<\/h2>\n
Robbery of an Inhabited Structure:<\/h3>\n
Robbery Resulting in Great Bodily Injury:<\/h3>\n
Robbery Using a Gun:<\/h3>\n
Immigration Implications for\u00a0Robbery Charges in San Diego<\/h2>\n
The Optimal Strategy to Secure a Not\u00a0Guilty Verdict in a Robbery Case<\/h2>\n
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Your Best Defense against Robbery Charges in San Diego<\/h2>\n
Contact San Diego Robbery\u00a0Criminal Defense Attorney Vik Monder for a FREE\u00a0consultation today at:\u00a0619-405-0063<\/h4>\n","protected":false},"excerpt":{"rendered":"