Aggressive Robbery & Burglary Defense
The robbery and burglary defense attorney at Brennan Defense aggressively defends individuals who have been charged with robbery or theft-related crimes. The consequences from both of these types of crimes can vary considerably, which means that legal robbery defense or burglary defense representation should be secured as soon as possible after the charges are filed or appear to be likely. Fight for your freedom by working with our criminal defense law firm.
The Differences between Robbery & Burglary
Robbery and burglary are two different crimes that come with their own unique burdens of proof. In the case of a robbery, property must be taken by force, either physical or verbal, from its rightful owner, against the victim’s objections, and in their presence. Furthermore, the robber’s intentions must be to deny the individual from enjoying the value of that property. An obvious example is taking money from a victim at gunpoint. It is still considered a robbery if a robber were to grab a woman’s purse, look inside of it, and then return it to her because he or she saw nothing of value in it. Why? Because the intention of the robber was to take something, even if he or she ultimately only held the purse for five seconds and took nothing.
Burglary, on the other hand, comes in two different degrees. First degree generally involves unauthorized entry into a residence with the intention or actual act of theft. Second degree, which is considered a bit less serious because it involves theft from a commercial property. Second-degree burglary generally involves shoplifting, but embezzling money from an employer can also be defined as a burglary, although there is a difference between a planned embezzlement and one that occurs impulsively.
It is worth noting that it is possible for an individual to be charged with both burglary and robbery from a single incident. Furthermore, if there are multiple victims in a single incident, the perpetrator can be charged separately for each victim.
The Punishments for Robbery & Burglary Convictions
The way in which a crime occurred has a strong bearing on the punishment guidelines, which judges follow when sentencing a convicted robber or burglar:
- First-Degree Robbery – A more serious offense, first-degree robbery in California includes robbery in the victim’s home, in their motorized vehicle, or in association with an ATM. Penalties range from three to nine years in a state prison. Even more time can be added when two or more people are the perpetrators of the crime.
- Second-Degree Robbery – This is a lesser charge for a lesser crime. Typically this type of robbery does not involve invading the home or motor vehicle of the individual, nor does it include ambushing or forcing an individual to make a withdrawal at the ATM. The punishment for this crime is also reduced from the amount of a first-degree robbery, but it is still considered a felony.
- First-Degree Burglary – Individuals convicted of a residential burglary can be sentenced for two to six years in a state prison and be fined up to $10,000.
- Second-Degree Burglary – Conviction of second-degree burglary can lead to a state prison sentence ranging from 16 months to three years. However, if the crime is reduced to a misdemeanor – usually for taking property valued at less than $950 – the sentence is up to one year in a county jail and a $1,000 fine.
If explosives or torches are used in the act of a burglary, or if significant bodily injury is inflicted on a victim, the sentence can be extended by three to six years in a state prison.
Experienced Robbery & Burglary Defense Representation
Regardless of the crime with which you have been charged, it is crucial for you to quickly seek the advice and counsel of an experienced robbery and burglary defense attorney who understands the process and has a good working relationship with the local judges and district attorneys. As a former prosecutor, our attorney understands the strategies the government will use to try to convict you. Furthermore, our reputation in the legal community means that our attorney is capable of negotiating the best possible deals and provides you with the best trial representation.
Our attorney maintains a 24-hour phone number and is committed to being available to you when you need immediate legal advice. Make sure to contact us right away to receive your free initial consultation so you can learn how our law firm can help you with our burglary and robbery defense services.
Contact us for more information about how our robbery and burglary defense attorney can help you with your case. Our legal defense services are available to clients located throughout the communities of Sacramento, Rosemont, La Riviera, Florin, and Fair Oaks, California, as well as the surrounding areas.