How to Fight Robbery Charges in San Francisco
How to Fight Robbery Charges in San Francisco
Getting charged with robbery in San Francisco can be scary. Robbery is a serious felony charge that can lead to years in prison. But don’t panic – there are ways to fight the charges. I’m going to walk you through the step-by-step process of understanding the charges against you, examining the evidence, and building the strongest defense possible.
Understand the Charges
The first thing you need to do is understand exactly what you’re being charged with. Robbery has two main elements under California law:
- Taking personal property from another person
- Against that person’s will
Prosecutors also have to prove you used force or fear to take the property. Common robbery charges in San Francisco include:
- Robbery – taking property by force or fear
- Attempted robbery – trying but failing to commit a robbery
- Armed robbery – using a weapon during the robbery
Look carefully through the criminal complaint to see what exact charges you’re facing. The potential penalties get much worse if weapons or injuries are involved. So the specific charges really matter.
Examine the Evidence
After you understand the charges, the next step is looking at the evidence. Your defense attorney will file a discovery motion to get access to all the evidence in your case. Here are some key pieces of evidence to look for:
- Surveillance video – Video footage can make or break a robbery case. Look closely to see if the video actually shows you committing the crime.
- Eyewitness identifications – Lineups and photo identifications are notoriously unreliable. Check for suggestive procedures that could have tainted the ID.
- Confessions – Never talk to the police without your lawyer present. Make sure your rights were respected.
- Stolen property – How was the property found? Does it really link back to you?
- Social media posts – Online posts can sometimes be used against you. But make sure the context is clear.
Analyzing each piece of evidence will help you start to build a defense. Look for legal issues like Miranda rights violations, improper lineups, lack of probable cause for arrest, etc. Any legal problems with the evidence can get it thrown out of court.
Build Your Defense
Now it’s time to start constructing your defense strategy. Here are some of the most common defense arguments in San Francisco robbery cases:
- Misidentification – You weren’t the perpetrator. Eyewitness memory is unreliable.
- Duress – You only committed the crime due to threats against you or your family.
- False confession – You were coerced into a false confession by police misconduct.
- Intoxication – You were too drunk or high to form the intent required for robbery.
- Self-defense – You took the property to protect yourself, not to steal.
An experienced criminal defense lawyer can help assess which defenses are viable in your case. The key is undermining the prosecution’s evidence that you committed the robbery.
Seek a Plea Bargain
Many robbery cases end up settling through plea bargaining. This involves negotiating with the prosecutor to plead guilty to a lesser charge in exchange for a lighter sentence. For example, pleading to petty theft instead of robbery. Consult with your lawyer about the pros and cons of plea bargaining versus taking your case to trial.
Prepare for Trial
If you do decide to take your case to trial, thorough preparation will be key. Your attorney will file pretrial motions to suppress evidence, interview witnesses, consult experts, and craft trial strategies. You may also consider using a jury consultant to help select favorable jurors.
To win at trial, your attorney will try to create reasonable doubt about the prosecution’s case. Common trial strategies in robbery cases include:
- Cross-examining eyewitnesses about the reliability of their memory and identification
- Bringing in expert witnesses to challenge the validity of confessions
- Presenting alibi witnesses who place you elsewhere at the time of the crime
- Reconstructing the crime scene to show your innocence
- Testifying that you lacked the intent to permanently take the property
An experienced trial lawyer can employ these strategies to show the jury that the prosecution hasn’t met their burden of proving guilt beyond a reasonable doubt.
Understand the Sentencing
If you are convicted of robbery, understanding the potential sentence is critical. Robbery sentencing depends on a few key factors:
- Your criminal history – Prior strikes will increase your sentence
- Use of weapons – Armed robberies lead to longer sentences
- Type of robbery – Penalties increase for carjacking, home invasion, etc.
- Injuries – Causing great bodily injury adds prison time
For example, first-time simple robbery is 2-5 years in prison. But armed robbery with injuries can lead to decades behind bars. Talk to your lawyer about the sentencing guidelines and options like probation.
Consider an Appeal
If you lose at trial, appealing your conviction may be an option. Grounds for appeal could include things like:
- Improper admittance of evidence at trial
- Juror or prosecutorial misconduct
- Ineffective assistance of counsel
- Unreasonable/excessive sentencing
Your lawyer will review the trial record to see if any appealable legal errors were made. With a strong appeal, you may get your conviction overturned.
Don’t Go It Alone
Fighting a robbery case takes experience and skill. Don’t try to go it alone against seasoned prosecutors. An aggressive criminal defense lawyer can analyze the evidence, craft a defense, negotiate with the DA, and fight for your freedom at trial. Hiring a lawyer greatly improves your chances of beating serious robbery charges.
Robbery allegations can ruin your life. But there are ways to challenge the charges and avoid a conviction. Understand the charges against you, examine the evidence carefully, and work with an experienced attorney to build the strongest defense. With a proactive strategy and tireless effort, many robbery cases can ultimately be dismissed or won at trial.
Fighting Retail Theft Charges in San Francisco
Retail theft, also known as shoplifting, is another common charge in San Francisco. With high-end shops and drugstores spread across the city, prosecutors aggressively pursue retail theft cases. Here are some tips for fighting back against retail theft accusations:
- Review store surveillance footage for proof you didn’t steal items or leave the store
- Challenge overly suggestive eyewitness identifications by store employees
- Raise doubt about your intent to steal through statements to police
- Argue you were wrongfully detained without probable cause
- Claim you intended to pay but forgot items were in your pocket or purse
Penalties for shoplifting depend on the value of merchandise stolen. But getting convicted can still mean hefty fines, probation, and jail time. Don’t take retail theft charges lightly. Hire an experienced shoplifting defense lawyer to start building your case right away.
Finding the Right Lawyer
The most important decision you’ll make is choosing the right lawyer. Look for an attorney with extensive experience fighting robbery and theft charges in San Francisco courts. Ask about their track record getting charges reduced or dismissed pretrial. And make sure they have a proven ability to win at trial.
Beyond experience, the lawyer’s resources matter too. Do they have their own investigators to dig into the facts and find holes in the prosecution’s case? Will top experts be available to challenge key evidence? Does the attorney devote sufficient time and attention to each case?
Once you’ve found the right lawyer, they will aggressively pursue every defense angle to beat your charges. Don’t leave your fate to chance – let an experienced robbery defense attorney fight for your freedom.