Bakersfield Robbery Defense Lawyer

Defending Individuals Facing Robbery Charges

If you or a loved one has been accused of robbery in Bakersfield, you’re likely facing one of the most serious charges in California’s criminal justice system. Robbery is classified as a violent felony and carries harsh penalties that can affect your freedom, your future, and your reputation. At Humphrey & Thompson, our experienced Bakersfield robbery defense attorney is dedicated to protecting your rights, challenging the prosecution's evidence, and securing the best possible outcome for your case.

If you are facing robbery charges in Bakersfield, reach out to us today.

What is Robbery?

Under California Penal Code § 211, robbery is defined as “the felonious taking of personal property in the possession of another, from their person or immediate presence, and against their will, accomplished by means of force or fear.”

In simpler terms, robbery involves using force or intimidation to take something directly from another person. This distinguishes robbery from theft or burglary, where there is no direct confrontation with the victim.

Robbery is always charged as a felony in California, and the severity of the charge depends on factors such as:

• Whether a weapon was used
• The number of victims involved
• Whether the robbery occurred in a home, business, or public setting
• The extent of harm or injury inflicted

If you’re facing robbery charges in Kern County, having a skilled criminal defense attorney is essential from the very start.

Robbery Penalties in California

California classifies robbery into first-degree and second-degree charges:

First-Degree Robbery

This charge applies if the robbery:

• Took place in an inhabited dwelling
• Involved a driver or passenger of a vehicle (including taxis and buses)
• Occurred immediately after using an ATM

Penalties for first-degree robbery may include:

• 3 to 9 years in state prison
• A “strike” under California’s Three Strikes Law
• Fines up to $10,000
• Restitution to victims
• Formal probation or parole

Second-Degree Robbery

All other types of robbery fall under second-degree.

Penalties for second-degree robbery include:

• 2 to 5 years in state prison
• Strike consequences under the Three Strikes Law
• Fines and restitution
• Probation or parole

Enhancements

If a firearm was used, or someone was seriously injured, sentencing enhancements can add 10 years or more to your sentence.

Legal Defenses to Robbery Charges

At Humphrey & Thompson, we carefully evaluate all the evidence and pursue any legal strategy that could lead to a dismissal, acquittal, or reduced charges. Common defenses against robbery charges include:

• Mistaken Identity: Eyewitness testimony is often unreliable, especially in high-stress situations like a robbery. Surveillance footage or alibi witnesses can help show that you were not the perpetrator.
• Lack of Force or Fear: If the alleged victim gave up their property willingly or no threats or force were used, the charge might be more appropriate as theft rather than robbery.
• False Accusation: Unfortunately, individuals are sometimes falsely accused of robbery due to personal disputes, revenge, or mistaken reports.
• Insufficient Evidence: The prosecution must prove all elements of the crime beyond a reasonable doubt. If key evidence is lacking or improperly obtained, we may file a motion to suppress it.
• Violation of Constitutional Rights: If your Fourth Amendment rights were violated during a search or arrest, or your Miranda rights were not properly read, any evidence gathered may be inadmissible.

Robbery FAQs

Is robbery a strike offense in California?

Yes. Both first-degree and second-degree robbery are considered strike offenses under California’s Three Strikes Law. A conviction can result in enhanced penalties for future felony charges.

Can robbery charges be reduced to a misdemeanor?

Robbery is a straight felony in California and cannot be charged as a misdemeanor. However, your attorney may be able to negotiate a plea to a lesser felony offense, such as grand theft or assault.

What should I do if I'm arrested for robbery in Bakersfield?

Remain silent and do not talk to law enforcement without a lawyer present. Contact an experienced Bakersfield robbery defense lawyer immediately to begin building your defense.

Does the victim need to be injured for it to be robbery?

No. Physical injury is not a requirement for a robbery charge. The mere use of force or fear to take property is enough.

What’s the difference between robbery and burglary?

Robbery involves confronting a person and using force or fear, while burglary typically involves unlawfully entering a structure to commit a crime, like theft, without necessarily confronting a person.

At Humphrey & Thompson, our commitment to personalized attention and aggressive defense strategies stands out in our practice. Contact us today for a confidential consultation.