San Diego Theft Crimes Lawyer

Robbery is a more serious classification of a theft crime. You could be charged with robbery if fear, intimidation, or threats were used to commit theft. A threat does not have to be explicit in order to qualify as robbery. Simply holding a weapon or making implied threats can result in a robbery charge.

The use of force or intimidation can take many forms, including:

• Holding a weapon in a threatening manner
• Drugging a person before taking their property
• Pushing or shoving
• Striking a person
• Blackmailing a person
• Threatening someone’s friends or family

Robbery charges are always charged as felonies. In most cases, they are charged as second-degree felonies with a maximum penalty of 5 years in prison and/or up to $10,000 in fines. If the robbery was committed against a public servant or other extenuating circumstances existed, it can be charged as a first-degree felony. These charges carry a maximum penalty of 9 years in prison and/or up to $10,000 in fines.

Defenses Against Theft Crime Charges

Defenses against theft crime charges may include:

• Lack of Intent: One of the primary factors that must be proven in a theft case is intent. The prosecution must show that you planned to permanently deprive the owner of their property. If we can demonstrate that you had no such intention, your charges could be reduced or dismissed. For instance, if you mistakenly believed the property was yours or if you intended to return it, we can argue that there was no criminal intent.
• Ownership Dispute: Sometimes, theft charges arise from misunderstandings about property ownership. If you can prove that you believed, in good faith, that the property belonged to you or that you had the right to use it, this can serve as a powerful defense. We will gather evidence and witness testimony to support your claim and challenge the prosecution's assertions.
• Consent: Another viable defense is that you had the owner's consent to take or use the property. We can argue that no theft occurred if the property owner gave you permission, either explicitly or implicitly. This defense often involves demonstrating communication and agreements between you and the owner.
• Mistaken Identity: In cases where theft involves multiple individuals or occurs in busy environments, mistaken identity can be a significant issue. If you were wrongfully recognized as the perpetrator, we will work diligently to establish your alibi, present witness statements, and scrutinize any surveillance footage or other evidence that may exonerate you.
• Lack of Evidence: The prosecution must provide compelling evidence to provide proof of your guilt beyond a reasonable doubt. If there are gaps in their case or if the evidence is circumstantial or unreliable, we will highlight these weaknesses. Challenging the credibility of the prosecution's evidence and witnesses can lead to a favorable outcome.
• Entrapment: If you were induced or coerced by law enforcement to commit a theft that you would not have otherwise committed, you may have a valid entrapment defense. We will examine the conduct of law enforcement officers to determine if they overstepped their boundaries and pressured you into committing the crime.