Huntington Beach Robbery Attorney
Huntington Beach may be famous as “Surf City” and people don’t think of the area as being particularly dangerous, but there were 109 instances of robbery in 2010 and that number is expected to go up to 130 in 2012. The Huntington Beach robbery attorney at the Johnson Criminal Law Group knows that crimes, and accusations of crimes, can occur anywhere, so it is best to be informed about the law and your options.
Robbery is a theft crime, but the key to robbery, as opposed to other theft crimes, is that it is stealing something from another person’s person. This is what makes it a more serious crime, because there is generally more fear and danger involved in a crime against another’s person.
California Penal Code section 211 deals with robbery and outlines five requirements to be proved for this crime. First, “felonious taking”, which means taking someone else’s property away with the intention of keeping it from the owner. Second, the taken property is in the possession of another person. Third, as mentioned above, the taking must be from the person or his or her immediate presence. Fourth, the taking must be against the owner’s will. And fifth, it must be taken through force or fear. When these are met, unlike with petty or grand theft, the value of the taken item does not matter.
An example of what would be considered robbery would be a situation where a woman goes into a convenience store in order to steal some merchandise. She goes up to the cashier and points a gun at his head and threatens to kill him if he does not show her where their most expensive merchandise is being stored. She also asks him to empty out the cash register and give her all of the money inside. After he does empties out the cash register, the proceeds to show her where their most expensive merchandise is being stored because he is being threatened with a deadly weapon. The woman takes the merchandise and leaves the store.
Robbery in Huntington Beach, like in the rest of California, is a charge that should be taken very seriously. If you have been charged with robbery, there are still some defenses. Some make the argument that they are innocent and that someone else is guilty of the crime. This can be supported with evidence that they were not at the location of the crime when it had taken place, for example. Another defense against robbery charges that has been used is that the property taken was under the ownership of the person that committed the so-called “robbery”. If this is the case, then it does not fit the criteria of the taken property being in the possession of another person.
Our Huntington Beach robbery attorney can provide an experienced California criminal defense lawyer who knows how to obtain the best outcome for clients defending a robbery claim. Robbery is a felony offense and can have serious penalties, including time behind bars, so if arrested you need to understand your situation. Call the Law Office of Lauren K. Johnson for an initial consultation today at (949) 622-5522.