An Analysis of the Crime of Robbery in California – Penal Code Section 211

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Defending a California Penal Code 211: RobberyCalifornia Penal Code 211 is defined in the law itself as the following:”211. Robbery is 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.”As you can see, the seizing of property or assets belonging to another, from his or her person or immediate presence, done so by threats or innuendos that cause fear in the alleged victim, is a serious crime. Individuals accused of robbery could face serious jail time and/or fines, and under California’s “Three Strikes Law”, a robbery, as a crime of violence, is a strike, bringing exceptionally severe punishment if convicted.It’s important that anyone accused of robbery contacts a criminal attorney right away in order to begin creating a defense against the charge.Defending a Penal Code 211Attorneys use a number of defenses for robbery charges, depending upon the situations and circumstances surrounding their clients’ cases. Some of the most common defenses to charges of California Penal code 211 include:Mistaken IdentityIndividuals who claim to have witnessed the robbery could quite easily be mistaken about the identity of the suspect. This is very serious, especially in cases when eyewitnesses are the only ‘proof’, which has caused the accused to be arrested. Low light, obstacles, face coverings and many other issues could play a part in mistaken identity and many accused individuals have been proven innocent, which were originally pointed to by eyewitnesses.State of MindAnother common defense for robbery in California is the state of mind of the suspect at the time the robbery was committed. If the individual was mentally unsound or if there were any issues regarding his or her mental health at the time of the robberies, it could be argued that they were acting due to those mental issues and not as a criminal willfully disobeying the law. The circumstances regarding the case will be used in order to determine whether the individual was mentally sound at the time of the robberies or not.Authorization from the OwnerIf the individual accused was given permission to obtain the items supposedly stolen, then a criminal charge is not warranted. Often times, charges can be thrown around and accusations can be made out of anger. For instance, if an individual allowed his friend to borrow his car for an hour, but the friend was delayed and didn’t return the same day with the car, the owner could report the vehicle as stolen. However, he gave permission to the friend, which means that a robbery didn’t actually occur. In cases like this, robbery charges can be thrown out based on the fact that the suspect had obtained permission from the owner to take the mentioned item.In many cases, attorneys are able to get their clients’ charges dropped completely using the defenses above. Other defenses that are often used include the police handling of the arrest and whether or not Miranda rights were read to the suspect. If police mishandled the arrests, it could be cause for the charges to be dropped. Individuals who are accused of a robbery should immediately contact a criminal defense attorney so that a defense can be planned as soon as possible. This will help the suspect ensure that his or her rights are being considered.