Defense Attorney For Burglary And Robbery Charges
To prove a burglary charge, the prosecution must show the defendant entered the premises or property without permission with the specific intent to commit a crime such as theft or larceny. Over the years, San Jose burglary defense attorney Gregory Alonzo has handled many burglary cases where the prosecution could not prove the intent to commit a criminal act, ultimately requiring the prosecutor to pursue lesser charges.
Robbery And Extortion Charges In Santa Clara County
Robbery occurs when a person uses force or intimidation to take personal property from another person. In California state law the prosecution must establish several factors for a successful robbery conviction. For example, they must prove the defendant intentionally caused fear through force or intimidation. The use of a weapon during a robbery would qualify as proof of intent to cause fear; however there are other means of intimidation that may justify proof of intent.
Blackmail is considered extortion, which is the use of a threat to obtain property or require a public official to perform an official act. Robbery occurs when someone takes the property of another without that person’s consent and must occur in immediate presence of the victim. Extortion occurs when the victim consents to the act or gives them the property due to a threat; however the property does not have to be in the vicinity of the victim.
As you can see, there are many factors involved in determining intent and circumstances of a criminal offense, and an experienced lawyer will know what to look for in the validity of the state’s case, ask the right questions and create a successful defense against the charges. Burglary, robbery and extortion are much more serious than theft crimes and are much more likely to go to trial. These are serious strike case felonies and can result in state prison sentences.