Robbery is a "violent felony" and first degree Burglary is a "serious felony". A conviction of either one is a "Strike" under the "Three Strikes Laws." Robbery is defined as the taking of personal property directly from a person in the immediate presence by force or fear. Burglary is defined as entry into a building with the intent to commit a theft or commit another felony. There are two degrees of burglary. First degree burglary requires entry into a home or other build where a person lives. Second degree burglary is entry into another building.
Violent and serious felonies are subject to California's Three Strike Law. The Three Strikes Law can reduce the credits given for good behavior, can drastically increase the length of the prison sentence or even lead to a life sentence where there are prior "violent and or serious felony" convictions.
Robbery and burglary are the type of crimes that can lead to a state prison sentence even if this is only your first such offense. Thus it is essential to retain an attorney whose has handled these type of cases both as a former prosecutor and as a longtime experienced criminal defense attorney. You need someone that you can talk to and explain your side of what happened, initiate an investigation into what evidence the prosecutor has against you and to analyze your case and prepare the best possible defense. In some cases where the evidence is strong there are still things that can be done. I have successfully negotiated dispositions that do not include a state prison sentence.
To talk about any aspect of a robbery or burglary charge in a free initial consultation call Denton Wilson now at 805-762-4558 or e-mail me here.
