blog home Violent Crime A Los Angeles Criminal Defense Attorney Explains the Strongest Legal Strategies for Fighting Robbery Charges

A Los Angeles Criminal Defense Attorney Explains the Strongest Legal Strategies for Fighting Robbery Charges

By Los Angeles Criminal Defense Attorney on January 30, 2026

Robbery is a felony offense in California. A felony conviction may carry years in state prison, strike consequences under California’s Three Strikes law, and long-term damage to your career and reputation.

Werksman Jackson & Quinn LLP is a premier robbery defense law firm in Los Angeles. We approach robbery cases as high-stakes litigation from day one. Our firm is led by former prosecutors and nationally recognized trial lawyers, including Mark J. Werksman, Alan Jackson, and Kelly Quinn.

Understanding Robbery Charges in California

Under California Penal Code § 211, robbery is defined as: The felonious taking of personal property in the possession of another, from their person or immediate presence, and against their will, accomplished by means of force or fear.

That definition contains multiple elements that prosecutors must prove beyond a reasonable doubt:

1. A taking of property
2. The property belonged to someone else
3. It was taken from their person or immediate presence
4. It was taken against their will
5. It was accomplished by force or fear
6. The defendant intended to permanently deprive the person of the property

How to Defeat Robbery Charges

If even one element is not proven, robbery charges will not stand. Our strategy begins by dissecting every element and identifying weaknesses.

Entrapment: When Law Enforcement Crosses the Line

One of the strongest yet misunderstood defenses is entrapment defense. Entrapment occurs when law enforcement induces a person to commit a crime they were not otherwise predisposed to commit. In Los Angeles, this often arises in undercover sting operations involving alleged “strong-arm” thefts or staged robbery setups.

California applies an objective test for entrapment. The question is not whether the defendant was tempted, but whether the police conduct would likely induce a normally law-abiding person to commit the offense.

Examples may include:

• Officers repeatedly pressuring someone to participate in a staged robbery
• Undercover agents escalating a situation into a robbery scenario
• Informants offering financial incentives or making threats

Insufficient Evidence

In every robbery case, the burden of proof is entirely on the prosecution, and they must prove their case “beyond a reasonable doubt”. If jurors hesitate on any element, such as intent, force, and/or identity, then the verdict must be not guilty.

Poor Surveillance Footage

Many robbery cases rely on grainy store cameras or partial-angle recordings. Video may show a person in a location, but not prove force, fear, or intent. We analyze:

• Video clarity
• Camera angles
• Timestamp discrepancies
• Gaps in recording

Unreliable Eyewitness Accounts

Eyewitness testimony is often overvalued by juries, yet research shows memory is fragile. Stress, fear, and suggestion can distort perception. We challenge:

• Inconsistent statements
• Police coaching
• Time delays between event and identification

Lack of Forensic Evidence

If there are no fingerprints, DNA, or physical evidence linking a defendant to the alleged force or taking, the case may rest on speculation. An experienced Los Angeles robbery defense attorney does not accept the prosecution’s narrative at face value. We test every piece of evidence and force the government to prove its case.

Mistaken Identity

Mistaken identity is a common occurrence, particularly in cases that often involve:

• Cross-racial identification
• Poor lighting conditions
• Rapid, high-stress encounters
• Suggestive lineups

Cross-racial misidentification has been extensively studied and is a recognized risk factor in wrongful convictions.

Unreliable Police Lineups

Police lineups can be open to manipulation and suggestive procedures where officers may try to guide a witness. In these cases, we examine:

• How the lineup was conducted
• Whether fillers resembled the suspect
• What instructions were given
• Whether officers made confirmatory statements

Acting Under Duress

California law recognizes duress as a defense when a person commits a crime because they were under immediate threat of serious bodily harm or death.

To establish duress, the threat must be:

• Immediate
• Credible
• Leaving no reasonable opportunity to escape

In some robbery cases, individuals are pressured or threatened by accomplices. For example, someone may be coerced into participating because another person threatens violence.

When You Believe the Property Is Yours

A significant defense involves the claim of right doctrine. If a defendant genuinely believed the property belonged to them, they may lack the intent required for robbery. Robbery requires the specific intent to permanently deprive someone of property that is not yours.

We examine communications, contracts, text messages, and prior dealings to determine whether a good-faith belief existed.

Lack of Intent to Permanently Deprive

Intent is the backbone of robbery. If the prosecution cannot prove intent to permanently deprive the alleged victim of property, the case collapses.

Situations that can disprove intent may involve:

• Temporary possession
• Misunderstandings during disputes
• Property that was abandoned or returned

Challenging Illegal Searches and Seizures

Many robbery cases may result from police searches of phones, vehicles, homes, or other places. Under illegal search and seizure law, evidence obtained in violation of the Fourth Amendment may be suppressed. If police lacked probable cause or exceeded the scope of a warrant, critical evidence may be excluded.

Suppression motions can eliminate:

• Recovered property
• Cell phone data
• Surveillance obtained without proper authorization

Speak With an Experienced Robbery Defense Lawyer in Los Angeles

If you or a loved one are facing robbery allegations, don’t wait! Early intervention can make a big difference. Do not leave your future to chance. At Werksman Jackson & Quinn LLP, we understand how prosecutors build robbery cases and we know how to dismantle them to protect you.

Call (213) 688-0460 to schedule your free consultation today.

Frequently Asked Questions

What is considered robbery under California law?

Under California Penal Code § 211, robbery is defined as taking someone else’s property from their person or immediate presence, against their will, by means of force or fear. Prosecutors must prove several elements beyond a reasonable doubt, including intent to permanently deprive the person of the property.

What are the potential penalties for a robbery conviction?

Robbery is a felony offense in California. A conviction can result in state prison time, strike consequences under the Three Strikes law, formal probation, and a permanent criminal record.

Can robbery charges be reduced or dismissed?

Yes, in some cases. If there are weaknesses in the evidence, constitutional violations such as illegal search and seizure, or credibility issues with witnesses, charges may be reduced or dismissed. In other situations, a skilled defense attorney may negotiate a plea agreement to reduce the severity of the offense. Every case depends on the specific facts and the strength of the evidence.

When should I contact a robbery defense lawyer?

Immediately. The earlier a defense attorney becomes involved, the more opportunities there are to protect your rights, preserve evidence, and prevent damaging statements. If you are under investigation or have already been arrested, do not wait to seek legal counsel.