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

Defense of a California Penal Code 211: robbery

California Penal Code 211 is defined in the Act itself, as follows:

"211th theft is the criminal taking of personal property in the possession of another, from his person or immediate presence and against his will, accomplished by force or fear."

As you can see, the seizure of property or the property of another, from his person or immediate presence, made so by threats or suggestions that causeFear in the alleged victim is a serious crime. Individuals accused of robbery could have serious jail time and / or fines, and under the California "Three Strikes Law," a robbery, a crime of violence, is a strike, unusually harsh punishment does in the case of a conviction.

It is important that everyone, the theft of a criminal lawyer contacts to start immediately so that defendants establish a defense against the charge.

Defense of a Penal Code 211

Lawyers use a variety of defense mechanismsfor robbery charges, depending on the situations and circumstances of their clients cases. Some of the most common defenses for a fee of California Penal Code 211 include:

Mistaken Identity

could have people who are entitled to the robbery observed quite easily be mistaken about the identity of the suspect. This is very serious, especially in cases where witnesses have caused the only "proof" that the accused be arrested, are. Little light, obstacles, face coveringsand many other issues could play a role in the false identity to play and many individuals have accused her innocence was proved, which were originally identified by eyewitnesses.

State of Mind

Another common defense for robbery in California is the state of mind of the accused at the time of the robbery was committed. If the individual is mentally ill or if there any questions regarding his mental health at the time of the robbery, one could argue that they were acting to be duethe psychological problems and not as criminals deliberately disobey the law. The circumstances regarding the case will be used to determine whether the individual was not mentally at the time of the robbery or his well-founded.

The approval of the owner

If the individual defendants to obtain the license was in order given the items allegedly stolen, then a criminal charge is not justified. Often, fees and charges can be around to be thrown out of anger. For example, if aindividual allowed his friend to borrow his car for an hour, but the friend was late and did not return the same day with the car, the owner of the vehicle was stolen as reported. However, he gave permission to his friend, which means that a robbery actually can not occur. In cases like this, robbery from fees may be based on the fact that the suspect had permission from the owner will be thrown to take the said article.

In many cases, the lawyers in a position to get their clients "Indictment dropped before fully with the defense. Other defense mechanisms, which are often used include the handling of the police of the arrest and whether Miranda rights were read to the suspect. If the police abused the arrest, it could be dropped for the prosecution. Persons who should be accused of a robbery, a criminal defense immediately, so that a defense can be planned as soon as possible. This will help to ensure that the accused are his rightsconsidered.

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