Burglary & Robbery
Robbery and burglary are treated harshly in the California Penal Code. If you have been charged with robbery or burglary, you need an experienced and knowledgeable Sacramento burglary and robbery defense attorney to fight for your rights and defend your interests. Call me at (916) 442-1200 to discuss your case in a free and confidential consultation. My previous experience as a major crimes prosecutor lets me know how your case will proceed, what sort of strategy the district attorney will use, and what defense strategy will be most effective. If you or someone you know is facing robbery or burglary charges, contact me now to get the quality defense you need.BurglaryIf you have been arrested for burglary then you are facing charges under California Penal Code section 459. A burglary is charged if you have gone into a house, apartment, room, warehouse, shop, barn, store, vessel or other building and had the intention to commit a theft or any category of felony. Because this definition is so broad, burglary charges can be brought against you if you go into a building with simply the intention to commit a crime. That means that even if you leave without taking anything or committing any other crime, you can be charged with burglary.There are two degrees of burglary: first and second degree. If you have been charged with first degree burglary, then you are facing a strike according to California’s 3 Strikes Law. A first degree burglary charge comes if there is evidence that someone entered a building or house when that structure was inhabited, meaning that a resident was present. 1st degree burglary convictions have serious consequences with prison sentences of up to six years. All other instances of burglary are charged as 2nd degree. Second degree burglary is considered a wobbler, which means that the District Attorney can charge it as either a misdemeanor or a felony. A conviction of a misdemeanor burglary will result in a sentence of up to a year in county jail. People convicted of a felony burglary will be sentenced to up to a three year prison term.RobberyIf you have been arrested for robbery then you are facing charges under California Penal Code section 211. Robbery is defined as involving the use of fear or force to take property from someone else. Robbery is not a wobbler, which means that it can be charged only as a felony. (A burglary can be charged as either a misdemeanor or a felony.) The District Attorney will charge a robbery if there is evidence that there was a confrontation between the defendant and another person and that the defendant used some type of intimidation, coercion, or force to take the property of that person.
If the robbery occurs in an inhabited building, then it will be charged as a first degree robbery. An inhabited building can be a home, apartment, trailer, or vessel. But 1st degree robbery charges can also be brought if the incident takes place in a taxi, train, or subway, or if money is taken from someone using an ATM machine. Other instances of robbery will be charged as 2nd degree. Because all robberies are felonies, the penalties for conviction are severe. A 1st degree robbery conviction can result in a state prison term of up to nine years. A 2nd degree robbery conviction can result in a state prison term of up to five years.Experienced and Aggressive Criminal DefenseBecause burglary and robbery charges carry such tough penalties, it is critical that you have a quality and experienced Sacramento region criminal lawyer if you have been arrested. I know how the system works, and am committed to fighting for your rights and to keeping you out of jail at every stage of the process. Having a conviction for robbery or burglary on your record can make it extremely difficult to get a job. When the stakes are this high, why entrust your future to just any lawyer?My 25 years of criminal law experience and thorough familiarity with the courts in Sacramento County, Yolo County, Placer County and El Dorado County give me an advantage in serious property crime cases, especially those involving weapons charges and other aggravating factors.Free and Confidential Consultation
For a free consultation regarding your charges, contact me online or call my Sacramento law office at (916) 442-1200. Get the experienced representation you need today.