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ROBBERY & CARJACKING

Home-Robbery & Carjacking
Robbery & Carjacking 2017-09-03T17:14:40+00:00

The Law

Robbery is the taking of property from another person by means of force or fear.  It is divided into degrees.  Second degree robbery is the most common form of robbery charged in California courts, and is your typical strong-armed robbery (for example, when someone snatches a purse or cell phone), jewelry or liquor store holdup, etc.  If convicted of second degree robbery, you could be looking at up to five years in state prison.

First degree robbery occurs when someone takes property from someone’s home (home invasion), from someone hired to drive a vehicle (taxi, train or bus driver), or from someone at an ATM.  Carjacking is another form of robbery and has its own special section, 215 of the Penal Code.  If convicted of carjacking or first degree robbery, you will be looking at serving up to nine years in state prison.

At times, the DA or prosecutor will charge both second degree robbery and carjacking in the same complaint when it is alleged that a car was taken by force or fear.  In these instances, given a choice, it is best for the client to plead to second degree robbery rather than carjacking because robbery carries the lower prison exposure.

Also, the DA or prosecutor may be able to add enhancements or special allegations to the main charge, for example, if the evidence shows that you used a gun, a knife, a baseball bat, or other weapon during the commission of the robbery, carjacking or home invasion.  Use of a gun could add ten years to your sentence.  Firing the gun during a robbery could add 20 years, and hitting someone with the gun could add 25-years-to-life.

POSSIBLE CONSEQUENCES

  • County Jail or State Prison

  • Probation or Parole

  • A criminal record (which may or may not be later expunged, reduced or dismissed)

  • Fines and Fees involving hundreds or even thousands of dollars

  • Counseling (your time and money)

  • Community Service or Work (your time and money)

  • Restitution or reimbursement to the victim for loss of or damage to property

  • Having to provide DNA sample which goes into a nationwide database constitutes a violent and serious strike, which could result in a longer prison sentence now and if you commit a future felony

  • Five-year prior allegation can later add five years to prison sentence if you commit a future felony

  • Possible deportation or other immigration consequences

  • Supervised probation

  • No longer able to own, use or possess a gun or weapon

  • No longer able to vote in elections

  • Could affect current job, future employment or professional license

SEND IN YOUR CASE

Defenses

In sports it is often said that the best defense is a good offense.  This is also true with robbery, carjacking and home invasion cases, where it is extremely important to immediately hire an experienced, skilled attorney like Tracy Grayson, preferably the day you are arrested.

Mistaken or unreliable identification, witness credibility, inconsistent statements, lack of evidence, and lack of intent are all common defenses and issues which have come up during Attorney Grayson’s 15 years of successfully fighting these kinds of cases.

Police officers are usually not present when these incidents occur, but they can still be important witnesses.  They can be important if, for example, they find a weapon when you or your property are searched (never consent or agree to a search!); you say something incriminating (never talk to the police!); and of course if you are caught with the victim’s car or personal property, wallet, credit cards, cell phone, etc.  If you are searched, it is possible that it was conducted illegally in violation of your Fourth Amendment rights, and if so, the evidence could be suppressed and your case dismissed.

Either way, as an experienced, skilled, and aggressive attorney, Tracy Grayson will thoroughly review, investigate and prepare your case, interview prosecution and defense witnesses, obtain additional discovery, research complexities in the law, prepare motions, appoint or hire experts, aggressively fight for your freedom in court, and make certain that we do everything possible to win your case.

Tracy Grayson is the recognized go-to lawyer for robbery, carjacking, and home invasion cases. He has an outstanding trial and settlement track record with respect to robbery and carjacking cases.  Many of his clients have been granted probation.  In a recent trial in Long Beach, even though the robbery and carjacking took place in broad daylight, the victim identified the client as the perpetrator, and the police caught the client hopping a fence while running away from the scene of the crime, Mr. Grayson nevertheless got the jury to hang.

Mr. Grayson has successfully handled many unemployment fraud cases for clients faced with complaints from Employment Development Department (EDD).  He is an experienced unemployment attorney specializing in handling EDD criminal complaints and EDD appeal hearings.  If you need help with defending your unemployment benefits, contact attorney Tracy Grayson

In a recent case at the central court in downtown Los Angeles, Mr. Grayson fought hard to whittle the case down from robbery to petty theft and eventually to a dismissal.  His very young client and the client’s father were very happy when Mr. Grayson got the DA and judge to go along with a disposition which allowed the client to have the conviction erased from his record if he performed community service and stayed out of trouble.

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