Getting charged with petty theft or burglary can change a person's life.
Theft crimes, in general, can involve several factors, and if the person doesn't talk to a law office as soon as they get charged, they may end up going to county jail or even state prison.
The best way to fight a possible robbery conviction is to seek a free consultation with a good attorney.
People interested in fighting theft crimes can talk to the team at Goss Law today, as these legal experts have all the resources necessary to fight in court.
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What Are the Different Types of Robbery in Sacramento, CA?
First, it's important to note that there are different types of robbery charges. Grand theft, for example, won't be the same as petty theft.
Residential Burglary
A residential burglary happens when someone breaks into any house, apartment, hotel, motel, RV, or any other type of residential property.
This serious crime can often get people charged with first-degree robbery. According to California's Three Strikes Law, the convicted person can face up to six years in state prison, as well as get a strike.
Commercial Burglary
On the other hand, a commercial burglary happens when a person breaks into an office building, business, store, or other structure.
These cases will give the person with the robbery conviction a second-degree robbery. The district attorney could charge the person with either a felony or a misdemeanor based on their criminal record and the circumstances of the robbery.
People charged with a misdemeanor second-degree burglary can face up to one year in county jail, whereas those charged with a second-degree burglary felony can face up to three years in the California state prison.
What's the Three Strikes Law?
The "Three Strikes" law came into effect in 1994. It states that the more strikes the person has, the worse the conviction will be.
If someone, for example, got convicted for a robbery charge and has a prior robbery conviction, California law states that they should be sentenced to California state prison for twice the term that was provided for that crime.
Furthermore, if the defendant got convicted of any-degree burglary felony and had two or more strikes, they can get state prison for 25 years up to a lifetime sentence.
What Type of Felony Conviction Can You Get for Robbery?
There are three main charges a defendant in Sacramento, CA, can get for a burglary:
First-degree Burglary
A first-degree felony or misdemeanor will get awarded to someone who broke into a residence.
The punishment can be three, six, or nine years, depending on the circumstances, if someone got a bodily injury, etc.
Second-degree Burglary
On the other hand, a second-degree felony involves any robbery that happened on a commercial property.
The punishment can range from two to five years in jail/prison.
Multiple Burglary Victims
Any robbery case in Sacramento, CA, can get more penalties than the ones previously mentioned if more than one person was robbed.
This is common in grand theft crimes or other similar cases.
What's Considered Petty Theft?
Also called "larceny," this is a criminal act where someone takes another person's belonging without their consent.
In some cases, the term "petty" goes to cases involving low-value items that only warrant a misdemeanor charge. Some common instances include taking money out of a person's wallet, pumping gas without paying, etc.
Generally speaking, the value of the stolen property should be less than $1,000 to be considered petty theft.
Moreover, petty theft only applies if the person accused of the act was lawfully allowed to stay on the property. If the defendant didn't have a legal right to be on the property, the crime would escalate to burglary.
Is a Bank Robbery Considered a Federal Crime?
Yes. Since 1934, robbing any national or state bank of the Federal Reserve System is considered a federal crime.
Those convicted of this type of robbery could face a sentence of 20 years in federal prison plus fines.
What Defenses Can Our Sacramento Robbery Lawyer Use?
A felony charge for burglary in Sacramento, CA, is serious, and nobody should take it lightly.
Anyone who got charged with first or second-degree burglary should seek a free consultation from the team at Goss Law to address their options.
Thankfully, this criminal defense attorney will help the defendant defend against the charges.
Some of the most common defenses an attorney can use include:
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The defendant didn't use force or fear in the act, which is something that most prosecutors claim in cases like this.
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The defendant believed the property was theirs, so they didn't believe it was illegal to get it.
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The defendant took someone else's belongings accidentally and decided to keep them.
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The victim had a mistaken identity, meaning they accused someone else who wasn't part of the robbery.
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The defendant was falsely accused.
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The defendant didn't have any intention of taking or keeping the other person's property.
Navigating robbery charges can be complicated, especially if the defendant doesn't have any resources or help to do it.
In these cases, the best thing to do is to have a legal expert who can address any potential holes the prosecution has in their case, which can help in either reducing or dropping the defendant's charges.
Talk to Our Criminal Defense Lawyer Today!
Every burglary case in Sacramento, CA, is different. However, nobody wants to spend years or decades behind bars, especially if they didn't do anything wrong.
While there are many strategies a person can do to fight robbery claims, the best one is to talk to a lawyer who can build a strong case.
The legal team at Goss Law has years of experience in criminal defense, which ensures that the defendant can get the representation they deserve in court.
It's vital to remember that a conviction can change a person's life, and even if they serve their time and pay their fines, felony convictions stay on a person's record, meaning they will have trouble finding employment or even a home in the future.
Those who are interested in building a case for burglary charges can talk to one of Goss Law's representatives through a free consultation.
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