The Penalty for Atm Robbery in California

  • Post last modified:April 12, 2021

California is one of those states that has a lot of strict and specific laws regarding robbery. The penalties for such a crime are often held to specific standards that depend on how the crime was committed. Committing robbery against an ATM often results in the persecution of the individual because ATMs are likely to have cameras and other video surveillance that is used in the case against the individual. It’s hard to deny what is on the video and obvious to see.

ATM robberies don’t just have to happen against the machines themselves. Security has made it extremely difficult to take machines or to break into them. Most ATM robberies happen against innocent people who are simply trying to take a few bucks from their account. Someone will approach them, often with a weapon like a gun or a knife, and use threats of violence to get them to turn over the cash they just pulled out, or even empty their accounts.

These types of robberies sometimes end in injury and death. That means other charges can be added on, including assault. Other valuables might also be stolen, like the victim’s wallet or jewelry. And, of course, ATM robberies can include damage and theft from the machines themselves. Each incidence is unique and often carries with it additional charges. This is why you should hire a criminal defense attorney in Long Beach.

Different Types of Robbery

Of course, robberies in which weapons are used or if there is harm done to the victim’s body will produce harsher punishment. This is even true if the perpetrator intimates the victim and makes them feel as if their life is in danger. Using fear or force to steal from another can leave that person in distress, so the prosecution is going to come after the person accused of the crime really hard. The illegal acts can even leave the victim injured or dead.

It’s really the different variables during the attack which will determine how the case is tried. The prosecutor will try their best to put as many charges on the accused as possible and each charge would have to be defended. This is why it’s so vital to hire a criminal defense attorney who understands the law and can put together a proper defense case.

Using Force to Commit a Crime

Using force to commit a crime can be defined in a variety of ways. Force is often seen as any action taken using guns, knives, or even your fists. Yes, even drugs or any other object that can stop a person from defending themselves or even knocks them out so they can more easily be robbed is considered force. As you can see, the terms are broad and often carry different sentences. For example, using force with a deadly weapon like a gun will probably provide a stiffer penalty than just intimidation.

Still, you don’t need to actually harm the person to have the salt added to the list of charges. Anything that can be used as intimidation in which the person was robbed can be interpreted by the law as inflicting harm. Fear itself is a form of force, so it’s a no-brainer for the prosecutor to add an assault charge even if you never even touched the victim. You don’t even have to have a weapon on you at all. Just pretending to have a weapon or by using intimidating threats of violence can do the trick. The only difference that actually having a weapon will make the crime worse.

Using a weapon to commit a crime always adds additional charges. Weapons were never meant to be used against each other to commit a crime. If you use a weapon to commit a crime, that comes with its own set of punishments. If you pulled a weapon out on someone without the intent of shooting or robbing them, that would still be a crime. You can see how using a weapon in connection with the robbery most likely net charges for multiple crimes committed.

The Difference Between First-degree and Second-degree Robbery

In the state of California, prosecutors will try to separate crimes into two different degrees. One is usually harsher than the other depending on the crimes that were committed. The difference between the two different degrees involves the punishment that is incurred. You might receive formal probation or be fined $10,000 and spend as much as six years in state prison. The more severe the crime, or in the event that multiple victims were robbed, the higher the punishment.

Any of these additional crimes in relation to an ATM robbery, which most likely be caught on tape, will be additional charges. The sentence will really depend on how the crime is committed as stated above. There are multiple factors in different degrees to put into consideration. On top of the jail sentence and fine, the judge will most likely order the perpetrator to pay back the victim. That can include not just whatever was stolen, but also any pain and suffering that happened as a result of the crime.

Anyone who faces these types of charges needs to hire a defense attorney immediately. The prosecutor will not pull out any stops to find all the evidence to lock you up for a very long time. As mentioned above, the odds of the act being caught on camera are very good. Finding a criminal defense lawyer in Long Beach is your best option for winning the case improving your innocence.

The only way to do that is by having someone on your side who understands the legal system and can help put together a defense case that is likely to put doubt in the mind of the judge and jury.