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It is something very harrowing to accuse a person of a crime he/she did not commit, especially in connection with serious charges such as robbery under Penal Code 211 in California. Such accusations carry not only the burden of possible legal punishments—they are accompanied with social stigma and personal stress. Knowing your rights and what your next course of actions are is a crucial guide in these troubled waters.
For those in this storm, it is paramount that there be a beacon of hope and direction for them. The Kroger Law Group is willing and able to be that beacon, replete with the kind of expertise and support that you need. We've put together what you need to know if accused falsely of robbery under PC 211, starting with some of the most critical steps you should take immediately after you become aware of the accusations. Bear in mind that the journey to clear your name starts with understanding your situation and getting the right help.
Understanding PC 211 Robbery Charges
According to Penal Code 211, robbery is defined as the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. This can range from street muggings to very sophisticated heists, hence a broad definition of the crime.
The penalties for a conviction under PC 211 are severe, reflecting the serious nature of the crime. Going from short terms of incarceration at county jails to long prison sentences at a state penitentiary, punishments also vary widely. This is because there are different circumstances. For example, things like if the offender used a weapon, or injured the victim are taken into account. There is also the question of the value attributed to the stolen property.
Understanding the types of robbery charges is step one in getting started. But even when you have understood the charges, it is always best to invoke your right to remain silent. Wait. A really good theft defense attorney will be able to come up with an ideal defense strategy that best caters to your situation.
The Impact of False Accusations
The trauma that comes with false accusations of robbery cannot be overemphasized. Aside from this though, there are also other personal—as well as professional consequences. The social stigma attached to robbery charges normally entails loss of employment, difficulty in getting a mortgage or even a decent place to lease, and strained personal relationships. Then, there are the immediate threats of legal penalties.
But the stakes are even higher for some Los Angeles County subgroups: young adults, professionals, and immigrants. For instance, the educational and career chances of young adults and college students are clouded by a criminal record. Professionals lose their licenses and certifications, which are the lifeblood to their careers. For the immigrant worker, deportation and other impacts to the individual's future naturalization are always on the line. All these cases just go to show the importance of good, strong legal representation and defense for people that may be falsely accused.
Charged for Robbery? Elements of a PC 211 Charge
Here are an of array elements that are to be proven without any reasonable doubt for a successful prosecution of a PC 211 robbery charge:
There must be proof that there was the taking of personal property in the possession of another, from his person or his immediate presence, against his will; by force or fear. Focus on the "force" or "fear". Because of these two elements, within the legal framework, not all thefts are classified under robberies. It's a very necessary ingredient for the element of force or fear to be there, for a thief to be classified as a robber.
So, for the charge to hold, it must be proved that the defendant had used violence or the threat thereof, knowing that he (or she) was using the said violence or threats, with the intention of robbing a person of his or her property, depriving that person of the thing permanently. Each of these often prove to be very relevant features in assisting the defense, especially where any part of the prosecuting case is weak or unfounded.
FAQs
PC 211 Punishment: A Wobbler or Felony?
Robbery, by definition under PC 211, is classified strictly as a felony in the state of California. Unlike some charges that sometimes may or may not be felonies (called "wobblers"), robbery charges always have and always will carry this standing due to their violent nature.
Is PC 211 a wobbler?
No, charges under 211 PC are not considered wobbler offenses, but are treated as a straight felony, reflecting the serious view which the law has in respect of robbery. A conviction on such charges brings about significant felony penalties, including the possibility of state prison time, rather than the lesser penalties associated with misdemeanors.
Is 211 PC a felony?
Yes, every case that is being charged under "PC 211 felony," has a felony existence, which lays more stress on the fact that a firm kind of defense needs to be put up in order to fight such a grave accusation.
What elements apply in a PC 211?
Essential elements of robbery under Penal Code 211 are the taking of personal property from another's possession, from his person or immediate presence, against his will, and by the use of force or fear.
Defending Against False Robbery Accusations
The defense of false accusation of robbery is arduous, but there are some defenses that an experienced robbery defense attorney might put forward. Defenses usually asserted include having an alibi, showing a lack of intention to commit robbery, or proving that no force or fear was used during the incident.
Cases of mistaken identity are also amongst the popular defenses used, especially in cases based on circumstantial evidence or eyewitness accounts. Eyewitnesses tend to have a tendency to make mistakes when it comes to recognition.
Most importantly, understand that choosing the right robbery defense attorney is crucial. A competent robbery defense lawyer, with his (or her) experience and skills, is able to guide you through the complexities of law and bring a solid defense that bears weight. Weight strong enough to challenge the proof of the prosecution. This is essential if what you seek is to have the charges dropped or reduced.
Need a Robbery Lawyer? Work With Us
The Kroger Law Group focuses on the defense of those falsely accused of any level of crime, including robbery under PC 211. Our strategy is custom designed in each case to focus on dismantling the prosecution's case against you, and preserving your rights. We have years of experience tackling cases related to robbery, and we have a winning track record. Let us help you turn a daunting situation into a manageable one, with expert legal counsel and unwavering support.
