San Diego Criminal Lawyers Blog
According to a San Diego Association of Governments (SANDAG) report, the San Diego region’s overall crime rate, violent-crime rate, and property-crime rate has remained relatively stable, and is even down 1 percent. While some categories of violent crime showed a few upticks, it is telling that the crime rate in the region has remained stable given the legislative changes enacted in the recent years that have allowed ex-offenders returning to local communities. A total of 5,335 violent crimes (those involving homicide, rape, robbery, and aggravated assault) were reported to local police in the region between January and June of 2015; an average of 29 per day. Domestic violence incidents are also up 4% from 2014.
While property crimes such as burglaries are reported to have dropped by approximately 13% throughout the San Diego region, the La Jolla area has seen an increase in crime. Reported robberies in La Jolla have doubled from five to 10, and rapes have increased from zero to eight incidents the first half of the year. Thefts over $400 and motor vehicle thefts have also increased from 49 to 54 incidents.
What is Robbery?
In California, Penal Code 211 defines the crime of robbery as taking personal property that belongs to someone else from the victim’s person or immediate presence, and against the victim’s will, through the use of force or fear.
Robbery is different from theft in that it must occur when the victim/property owner is present during the crime. The crime of robbery can also occur during a burglary of a home if the residents happen to be inside at the time. Robbery is always a felony under California law.
Robbery is considered a first degree felony if:
- It is committed against any driver or passenger of a vehicle
- It takes place in an inhabited structure
- It takes place at an ATM after someone has just used it
It is punishable by up to six years imprisonment, a fine of $10,000, or felony formal probation.
Robbery in the second degree is committed whenever it does not meet the definition of first degree robbery. It is punishable by up to five years imprisonment, felony probation, and a $10,000 fine.
San Diego Property Crimes and Robbery Lawyer
The Law Offices of David M. Boertje handles all misdemeanor and felony criminal cases including charges of robbery, burglary, carjacking, and other property crimes. In California felony crimes are serious and can have life-altering consequences. If convicted of one, you could face extended jail or prison time, strict post-imprisonment restrictions, the death penalty, harsh monetary fines, and a permanent criminal record. In addition, it is common for robbery witnesses to mistakenly identify the perpetrator. At the Law Offices of David Boertje, we will fight for your rights and challenge every piece of evidence we can. If you have been arrested and charged with a property-related crime, contact attorney David Boertje today for a free consultation.