Robbery Defense Lawyers in Bay Area
Have you been charged with Robbery in the San Francisco Bay Area?
Robbery is the taking of property from another against their will by means of force or fear. This force may involve a deadly weapon such as a gun or other weapon (Armed Robbery), or it may just involve simple physical force (Strong Arm Robbery).
An experienced skilled defense attorney can challenge your robbery charges to avoid conviction or negotiate a plea to lesson jail time.
California Robbery Laws
Under California Penal Code Section 211, Robbery is a serious and violent felony punishable by state prison. Use of a gun or other weapon or infliction of Great Bodily Injury during the commission of a Robbery carries a stricter sentence than does simple Robbery.
In California Robbery is divided into First Degree Robbery and Second Degree Robbery. First Degree Robbery (Penal Code Section 212.5(a)) occurs in an inhabited dwelling, vessel or trailer. First Degree Robbery also includes robbery of the operator of a bus, taxicab, cable car, or street car. Robbery of a passenger of any vehicle used for transportation for hire and robbery of any person using an Automated Teller Machine (ATM Robbery) are also considered First Degree Robbery. Second Degree Robbery is all other types of Robbery (Penal Code Section 212.5(b)).
Federal Robbery Laws
18 USC §2113. Bank robbery and incidental crimes
(a) Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association; or Whoever enters or attempts to enter any bank, credit union, or any savings and loan association, or any building used in whole or in part as a bank, credit union, or as a savings and loan association, with intent to commit in such bank, credit union, or in such savings and loan association, or building, or part thereof, so used, any felony affecting such bank, credit union, or such savings and loan association and in violation of any statute of the United States, or any larceny– Shall be fined under this title or imprisoned not more than twenty
years, or both.
(b) Whoever takes and carries away, with intent to steal or purloin, any property or money or any other thing of value exceeding $1,000 belonging to, or in the care, custody, control, Management, or possession of any bank, credit union, or any savings and loan association, shall be fined under this title or imprisoned not more than ten years, or both; or Whoever takes and carries away, with intent to steal or purloin, any property or money or any other thing of value not exceeding $1,000 belonging to, or in the care, custody, control, management, or possession of any bank, credit union, or any savings and loan association, shall be fined under this title or imprisoned not more than one year, or both.
(c) Whoever receives, possesses, conceals, stores, barters, sells, or disposes of, any property or money or other thing of value which has been taken or stolen from a bank, credit union, or savings and loan association in violation of subsection (b), knowing the same to be property which has been stolen shall be subject to the punishment provided in subsection (b) for the taker.
(d) Whoever, in committing, or in attempting to commit, any offense defined in subsections (a) and (b) of this section, assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, shall be fined under this title or imprisoned not more than twenty-five years, or both.
(e) Whoever, in committing any offense defined in this section, or in avoiding or attempting to avoid apprehension for the commission of such offense, or in freeing himself or attempting to free himself from arrest or confinement for such offense, kills any person, or forces any person to accompany him without the consent of such person, shall be imprisoned not less than ten years, or if death results shall be punished by death or life imprisonment.