San Diego Robbery Defense Lawyer

Facing Robbery Charges in San Diego County? Get Skilled Legal Help Right Away

Robbery is one of the most serious theft-related crimes under California law. Unlike simple theft or burglary, robbery involves the use of force or fear to take property directly from another person. This distinction elevates robbery to a violent felony, carrying heavy penalties and long-term consequences—including prison time and a permanent strike on your criminal record if convicted.

If you’ve been accused of robbery, you need to take the charge seriously and act quickly. At Anthony Z. Vargas, Esq., Attorney at Law, we defend people charged with robbery and other violent offenses across San Diego County. As a former public defender, San Diego robbery defense lawyer Anthony Vargas understands how prosecutors approach robbery cases and how to build a strong defense that challenges their assumptions, protects your rights, and fights for your future.

What Is Robbery in California?

Under California Penal Code §211, robbery is defined as the unlawful taking of personal property from another person or their immediate presence, against their will, through the use of force or fear. To convict someone of robbery, the prosecution must prove that:

1. You took property that didn’t belong to you,
2. From another person or in their immediate presence,
3. Against that person’s will,
4. Using force or threats of force (fear),
5. With the intent to permanently deprive the owner of that property.

Robbery is considered both a theft crime and a violent crime. Even if no one was physically injured, the mere threat of harm—such as implying you have a weapon—can be enough for prosecutors to pursue robbery charges.

Degrees of Robbery in California

Robbery charges are broken down into first-degree and second-degree, depending on the circumstances.

First-Degree Robbery typically involves robbery in an inhabited dwelling, such as a home or apartment; robbery of a person who is using or just finished using an ATM; or robbery of a driver or passenger in a vehicle, including taxis and rideshares. This is the more serious form of robbery and carries harsher penalties.

Second-Degree Robbery includes all other forms of robbery not covered above, such as a purse snatching in a parking lot or taking someone’s phone during a street confrontation.

Regardless of the degree, robbery is always charged as a felony in California.

Penalties for Robbery

The consequences of a robbery conviction are severe and life-altering. Depending on whether it’s charged as first- or second degree, penalties may include:

• First-Degree Robbery: Three, four, or six years in state prison for each victim
• Second-Degree Robbery: Two, three, or five years in state prison
• A strike under California’s Three Strikes Law
• A possible gang enhancement if the crime was committed for the benefit of a gang
• Longer sentences if a weapon was used or someone was injured
• Felony probation, in limited cases

Because robbery is considered a violent felony, you’ll be required to serve a higher percentage of your sentence before being eligible for parole or early release. You may also face lifelong consequences in terms of employment, immigration status, and civil rights.

How Robbery Differs from Related Crimes

Robbery is sometimes confused with burglary or theft, but the legal differences are significant:

• Theft: Taking property without permission, but without force or fear and usually not in someone’s presence.
• Burglary: Entering a structure with the intent to steal or commit a felony—may happen when no one is present.
• Robbery: Taking property directly from a person, against their will, by means of force or threats.

Because robbery includes an element of violence or coercion, it is treated much more harshly than other property crimes.

Legal Defenses to Robbery Charges in San Diego

Robbery charges often arise from chaotic or confusing situations, and a strong legal defense can make all the difference. Potential defenses include:

• Lack of force or fear: If no threats or physical force were used, the charge might not meet the legal standard for robbery.
• Mistaken identity: Eyewitness testimony can be unreliable, especially in fast-moving situations.
• False accusation: Sometimes, a dispute is mischaracterized as a robbery, especially if the parties know each other.
• Claim of right: If you genuinely believed the property was yours, this can negate the intent to steal.
• Insufficient evidence: Weak or contradictory statements, unclear surveillance footage, or lack of physical evidence can be challenged.

Anthony Vargas takes the time to investigate every detail, speak with witnesses, and challenge the prosecution’s evidence wherever possible. In some cases, a robbery charge may be reduced to a less serious offense such as theft or assault. In others, the case may be dismissed entirely.

Don’t Talk to the Police Without a Lawyer

If you’ve been arrested or questioned about a robbery, don’t try to explain yourself or clear things up without an attorney. Even a seemingly innocent comment can be used against you. Instead, invoke your right to remain silent and ask to speak with a lawyer. The sooner you have legal representation, the better your chances of a positive outcome.

Defending You Against Serious Criminal Charges in San Diego

When you’re facing robbery charges, you need a defense lawyer who knows how to handle complex, high-stakes cases. Anthony Z. Vargas has successfully defended clients charged with robbery, burglary, and other felony offenses in courts throughout San Diego County and regularly represents clients in superior courts in downtown San Diego, Vista, El Cajon, and Chula Vista. He’s ready to put his skill, experience, and courtroom insight to work for you.

If you or someone you love has been accused of robbery, don’t wait to get help. Call San Diego robbery defense lawyer Anthony Z. Vargas, Esq., Attorney at Law today to start building your defense.