Police say that robbers pepper sprayed 2 children and pistol-whipped an adult during a home invasion in Rancho Cucamonga. The robbers allegedly held the family at gunpoint and then left with some of the property from the house.
Assuming these suspects get caught apprehended, they are looking at some very serious charges. First off, robbery. Robbery is the “felonious taking of personal property in possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” This includes the most well-known version of someone “sticking up” someone on the street and taking their property, but also extends to home burglaries that turn into robberies when their are people inside and the perpetrators threaten them with force if they cannot escape and drugging someone and stealing their property while they are unconscious.
In this case, this would be first-degree robbery as this robbery took place in an inhabited structure. Thus, the penalty range for this is 3, 4, or 6 years in state prison, assuming no other charges or enhancements/special allegations. However, if you have committed robbery in an inhabited structure with 2 or more co-conspirators, that range goes up to 3, 6, or 9 years.
Where the custody time significantly increases is when sentencing enhancements are added to the underlying charge. Examples of this are when great bodily injury is caused during the commission of the crime, if a firearm is used in the robbery and if a firearm is discharged or causes great bodily injury during the robbery.
One of the hardest elements for the prosecution to prove, and thus, one of the most significant defenses, is the element of using force or fear to take the property. It is crucial for prosecutors to establish this element since if they don’t, robbery charges won’t likely stick. The defendant might be guilty of another theft crime, but likely not one as significant as robbery. Other defenses include the honest belief that you had a right to the property, you are the victim of mistaken identity, or you have been falsely accused.
If you or a loved one has been charged with robbery, burglary, grand theft or any other felony in Los Angeles, contact Los Angeles criminal defense lawyer Ross Erlich today. Getting Ross Erlich involved in the case early can have tremendous benefits for the client and can help to actually lower the financial cost of the case. Los Angeles criminal defense lawyer Ross Erlich works closely with bail bondsmen who can offer beneficial rates to clients and are available 24 hours a day, 7 days a week to assist.
Being charged with robbery is an extremely serious event in someone’s life. It is one of the most serious felonies and one that all prosecutors in the District Attorney’s office take seriously. It is crucial that your attorney have enough time to prepare for court, deal with any case-related matters prior to the first court date, and have time to contact the prosecutor’s office. Do yourself, or your loved one, a favor and do things the right way the first time so that you don’t have to try to go back and correct things, which almost never work out. Call a lawyer right away, get good representation, make sure you cooperate with your lawyer and bring to light any and all relevant factors that pertain to the case.
Contact Los Angeles criminal defense lawyer Ross Erlich today for a free consultation.