Facing Robbery Charges? Contact Our Defense Attorneys Now.

Our team has defended numerous robbery cases in San Diego courts. We'll carefully examine all evidence and circumstances to build a strong defense strategy for your case.

If You’ve Been Charged With Robbery...

Robbery in California isn’t just about taking something—it’s about force or fear. That means prosecutors treat it as a violent felony, with mandatory prison time and strike enhancements under the Three Strikes Law. Whether it’s a misunderstanding, mistaken identity, or a charge that doesn’t fit the facts, you need an experienced defense attorney—now.

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San Diego Robbery Defense

Robbery charges are strike offenses that can send you to prison for years and label you as a violent felon for life. Whether you’re accused of snatching a phone or being involved in an armed holdup, prosecutors treat robbery as a felony with aggressive sentencing enhancements. And if there’s any suggestion of a weapon or force, you could be facing state prison, a permanent record, and a future locked in by the system.

At David P. Shapiro Criminal Defense Attorneys, we don’t wait to react—we get in front of the charges. Because when your freedom is on the line, your defense needs to hit just as hard.

Types of Robbery Charges in San Diego, California

Under California Penal Code Section 211, robbery is defined as “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.”

This seemingly simple definition contains several critical elements, all of which the prosecution must prove beyond a reasonable doubt:

Elements of Robbery in California

1. Taking of Personal Property: You must have taken property that wasn’t yours.
2. From Another Person’s Possession: The property must have been in someone else’s possession.
3. From Their Person or Immediate Presence: You must have taken it directly from them or from their immediate vicinity.
4. Against Their Will: The person didn’t consent to the taking.
5. Using Force or Fear: You used physical force or intimidation to take the property.

If any one of these elements is missing, you cannot legally be convicted of robbery. This creates multiple avenues for defense, particularly when challenging whether force or fear was used, or whether the taking was from the person’s immediate presence.

First-Degree vs. Second-Degree Robbery

California divides robbery into two degrees, each carrying different penalties:

First-Degree Robbery (PC 213)

Robbery is classified as first-degree in the following situations:

• The robbery occurred in an inhabited dwelling (house, apartment, etc.)
• The victim was using or had just used an ATM
• The robbery targeted a driver or passenger of a bus, taxi, streetcar, subway, or other transportation vehicle

First-degree robbery is punishable by:

• 3, 4, or 6 years in state prison
• Up to 9 years if committed in concert with two or more persons

Second-Degree Robbery

All robberies that don’t qualify as first-degree are second-degree robberies. This typically includes robberies that occur in commercial establishments, on the street, or in other public places.

Second-degree robbery is punishable by:

• 2, 3, or 5 years in state prison

This Isn’t Just Theft—It’s a Violent Felony

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Penalty Enhancements That Can Dramatically Increase Sentences

Several factors can significantly increase the penalties for robbery convictions in San Diego:

Weapon Enhancements

Using a weapon during a robbery triggers additional penalties:

• Using a Firearm (PC 12022.53): Adds 10 years to your sentence
• Discharging a Firearm: Adds 20 years
• Causing Great Bodily Injury with a Firearm: Adds 25 years to life
• Using a Deadly Weapon Other Than a Firearm (PC 12022): Adds 1 year

Multiple Victims

Each robbery victim can be charged as a separate count, meaning multiple victims can result in consecutive sentences.

Gang Enhancements (PC 186.22)

If the robbery was committed for the benefit of, at the direction of, or in association with a criminal street gang, you face:

• An additional 5, 10, or 15 years in prison
• Potential life sentence in certain cases

Great Bodily Injury (PC 12022.7)

If a victim suffers significant physical injury during a robbery, you face an additional:

• 3 to 6 years added consecutively to your sentence

Prior Strikes

Under California’s Three Strikes Law, prior serious or violent felony convictions significantly impact robbery sentences:

• One prior strike: Your sentence is doubled
• Two or more prior strikes: 25 years to life in prison

Related Charges Often Filed With Robbery

Robbery allegations frequently come with additional charges that compound your legal jeopardy:

Assault with a Deadly Weapon (PC 245)

If a weapon was involved in the robbery, you may face this additional charge, punishable by:

• 2, 3, or 4 years in state prison (more if a firearm was used)

Kidnapping (PC 207/209)

If the victim was moved a substantial distance during the robbery, kidnapping charges may apply:

• Simple kidnapping: 3, 5, or 8 years
• Kidnapping during a robbery (aggravated kidnapping): Life with possibility of parole

Criminal Threats (PC 422)

Threatening a victim during a robbery can result in a separate charge:

• Up to 3 years in prison

Carjacking (PC 215)

Taking a vehicle directly from another person by force or fear:

• 3, 5, or 9 years in prison
• Can be charged in addition to robbery

Home Invasion (PC 459)

If the robbery occurred in a residence, burglary charges often accompany robbery charges:

• Additional 2, 4, or 6 years in prison

The Lifelong Consequences of a Robbery Conviction

Beyond prison time, a robbery conviction carries devastating long-term consequences:

Strike on Your Record

All robbery convictions count as strikes under California’s Three Strikes Law, meaning:

• Future felony convictions will result in doubled sentences
• Two or more strikes can result in 25 years to life for even minor subsequent felonies

Permanent Felony Record

A robbery conviction creates a permanent felony record that will:

• Appear on background checks
• Disqualify you from many jobs
• Prevent you from obtaining professional licenses
• Create housing barriers
• Restrict your ability to obtain loans

Firearms Prohibition

You will permanently lose your right to own, possess, or purchase firearms.

Immigration Consequences

For non-citizens, robbery convictions:

• Qualify as crimes involving moral turpitude
• Are classified as aggravated felonies
• Can trigger deportation proceedings
• Will likely result in inadmissibility to the U.S.

Restitution and Financial Penalties

You’ll be ordered to pay:

• Restitution to victims
• Fines up to $10,000
• Various court fees and assessments
• Restitution fund fees

Loss of Civil Rights

While incarcerated, you’ll lose the right to vote, and face significant restrictions on your civil liberties even after release.

How San Diego Prosecutors Build Robbery Cases

Understanding how prosecutors build robbery cases is crucial to mounting an effective defense. The San Diego District Attorney’s Office typically relies on:

Physical Evidence

• Surveillance footage from businesses, ATMs, or street cameras
• Stolen property recovered during searches
• Weapons or clothing matching descriptions
• DNA or fingerprint evidence
• Cell phone location data placing you at the scene

Witness Testimony

• Victim identification (in lineups, photo arrays, or in court)
• Eyewitness accounts
• Accomplice testimony (often in exchange for plea deals)
• Expert witnesses on injuries, weapons, or gang affiliations

Your Own Statements

• Admissions to police
• Recorded jail calls
• Text messages or social media posts
• Statements to friends or associates who later cooperate

Digital Evidence

• GPS data tracking movements
• Cell tower records
• Social media photos showing stolen items
• Online marketplace listings of stolen goods

Powerful Defense Strategies for Robbery Charges

At David P. Shapiro Criminal Defense Attorneys, we employ sophisticated defense strategies tailored to the specifics of your case:

Challenging Identity

Mistaken identity is common in robbery cases. We may challenge identification through:

• Cross-examination exposing flawed lineup procedures
• Expert testimony on eyewitness reliability issues
• Alibi evidence placing you elsewhere
• Surveillance footage contradicting witness descriptions
• Challenging cross-racial identifications, which research shows are often unreliable

Disputing the Element of Force or Fear

Without force or fear, a taking is theft, not robbery. We examine whether:

• The alleged force was minimal or absent
• Threats were too vague to constitute fear
• The complaining witness is exaggerating the interaction
• The force occurred after the taking (making it theft, not robbery)

Consent Defense

In some cases, we can demonstrate that:

• The taking was consensual
• The property was actually yours or shared
• The interaction involved a misunderstanding or dispute over property rights
• The case is really a civil dispute being improperly criminalized

Challenging the Immediate Presence Requirement

If property wasn’t taken from the victim’s immediate presence, the crime isn’t robbery. We scrutinize:

• The physical distance between the victim and the property
• Whether the victim had control over the property at the time
• If the property was secured in a different area than where the alleged force occurred

Constitutional Violations

Many robbery cases involve Fourth and Fifth Amendment violations:

• Illegal searches and seizures
• Miranda rights violations
• Suggestive identification procedures
• Improper police interrogation tactics

When we identify such violations, we file motions to suppress evidence or dismiss charges.

Insufficient Evidence

We meticulously analyze every piece of evidence to identify gaps in the prosecution’s case:

• Inconsistent witness statements
• Lack of physical evidence
• Unreliable accomplice testimony
• Video that contradicts the prosecution’s narrative
• Problematic chain of custody for evidence

Why San Diego Robbery Cases Demand Specialized Defense

Robbery cases present unique challenges requiring specialized knowledge and experience:

Complex Legal Issues

Robbery cases often involve intricate legal questions regarding:

• The precise moment a theft becomes a robbery
• What constitutes “immediate presence”
• When force or fear is sufficient to elevate theft to robbery
• How movement during a robbery may constitute kidnapping
• When weapon enhancements legally apply

Severe Sentencing Exposure

With mandatory minimums, enhancements, and strike consequences, the sentencing exposure in robbery cases is extreme. Even seemingly minor tactical decisions can impact decades of your life.

Identification Challenges

Robbery cases frequently hinge on eyewitness identifications, which require specialized knowledge of:

• Scientific research on eyewitness reliability
• Proper and improper identification procedures
• Cross-racial identification issues
• Stress and weapon focus effects on memory
• Expert witness testimony on identification

Strategic Plea Negotiations

Most robbery cases resolve through plea negotiations requiring:

• Deep knowledge of acceptable plea terms in San Diego courts
• Relationships with prosecutors for meaningful negotiations
• Understanding of what evidence will and won’t be admissible at trial
• Ability to leverage weaknesses in the prosecution’s case

Why Choose David P. Shapiro Criminal Defense Attorneys

When your freedom and future are at stake, experience and expertise matter:

Extensive Robbery Defense Experience

Our firm has successfully defended numerous robbery cases in San Diego County, including:

• Armed robbery allegations
• Multiple-defendant cases
• Cases with weapon enhancements
• Home invasion robbery charges
• Carjacking allegations
• Cases involving identification issues

Track Record of Success

We have achieved remarkable outcomes in robbery cases, including:

• Charges reduced from robbery to lesser offenses
• Dismissals of charges through pretrial motions
• Favorable plea agreements avoiding strike consequences
• Acquittals at trial
• Suppression of key evidence leading to case dismissals

Comprehensive Case Preparation

Our approach to robbery defense includes:

• Independent investigation by our team
• Consultation with expert witnesses when beneficial
• Thorough review of every piece of prosecution evidence
• Detailed client interviews to understand all potential defenses
• Scene visits to understand spatial relationships crucial in robbery cases
• Comprehensive background research on prosecution witnesses

Strategic Trial Skills

If your case goes to trial, you benefit from our:

• Extensive jury trial experience
• Strategic jury selection expertise
• Compelling opening and closing arguments
• Skillful cross-examination of prosecution witnesses
• Effective presentation of defense evidence
• Thorough knowledge of robbery case law and precedents

Our Approach to Defending Robbery Charges

When you retain David P. Shapiro Criminal Defense Attorneys, our defense process includes:

Initial Case Evaluation

We begin with a comprehensive analysis of the allegations and evidence, including:

• Review of police reports and witness statements
• Analysis of any available video evidence
• Preliminary assessment of identification issues
• Evaluation of search and seizure concerns
• Identification of potential constitutional violations

Proactive Investigation

Rather than reacting to the prosecution’s case, we proactively investigate:

• Interviewing defense witnesses
• Documenting crime scenes
• Securing surveillance footage before it’s deleted
• Identifying alibi evidence
• Researching prosecution witnesses for credibility issues

Strategic Motion Practice

We file targeted pretrial motions that may include:

• Motions to suppress evidence from illegal searches
• Motions to dismiss based on insufficient evidence
• Challenges to identification procedures
• Motions to exclude prejudicial evidence
• Motions to disclose confidential informants when applicable

Meticulous Trial Preparation

If your case proceeds to trial, we prepare exhaustively:

• Developing a compelling defense narrative
• Preparing effective cross-examination of each prosecution witness
• Organizing defense evidence for maximum impact
• Creating powerful demonstrative exhibits
• Preparing you thoroughly for potential testimony

Throughout this process, we maintain clear communication about your options, the strengths and weaknesses of your case, and our strategic recommendations.

Act Now to Protect Your Rights and Freedom

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.

California Central Courthouse

City courthouse in San Diego, California

• Address:1100 Union St, San Diego, CA 92101
• Hours: Open – Closed 4PM
• Phone:(619) 844-2700