The court system handles California Penal Code Section 211: Robbery accusations very harshly. You can expect very severe consequences after a robbery conviction. Depending on the circumstances surrounding your situation, you could face charges for first-degree robbery or second-degree robbery.
You can immediately get professional help handling these charges from a Los Angeles robbery lawyer. An attorney may help build a legal defense after an arrest and can provide detailed information about the crime of robbery.
You can call or complete our online contact form to learn more.
Definition of PC 211: Robbery
California Penal Code 211 (PC 211) defines robbery as the “unlawful taking of personal property in possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.”
A robbery is similar to theft, except it involves a physical confrontation between the robber and the victim. The crime is considered a “serious felony” because it carries a potential prison sentence.
California Penal Code Section 211: Robbery can be either a violent or, in some cases, a nonviolent crime. For example:
- Nonviolent crime: If you snatch someone’s phone and run away with it, this could be robbery if the victim is scared into letting go of the phone.
- Violent crime: If you point a gun at someone and take their wallet, this would be robbery by force or armed robbery.
Individuals should only be charged with robbery if they take something in the owner’s immediate presence. Note that robbery charges can also apply if someone drugs a property owner and then takes their possessions.
First-Degree Robbery vs. Second-Degree Robbery
Individuals in California may face charges for:
First-Degree Robbery
First-degree robbery is a crime in which the perpetrator threatens to kill the victim while robbing them. A first-degree robber might point a gun at the victim and say, “Give me all your money, or I’ll shoot you.”
A first-degree robbery charge only applies in specific cases. The court can charge individuals with first-degree robbery for robbing someone:
- Who recently used a nearby ATM
- Who is within an inhabited structure
- Who is driving or riding in any kind of motor vehicle
Note that a first-degree robbery charge can apply if an individual robs someone in a cable or subway car. First-degree robbery is considered more severe than second-degree robbery in California.
Second-Degree Robbery
Second-degree robbery, on the other hand, involves threatening harm but not death. For example, a second-degree robber might threaten to break the victim’s arm if they don’t hand over their wallet and watch immediately.
The court uses the charge of second-degree robbery to prosecute all acts of robbery that do not meet the definition of first-degree robbery. Many different actions that violate PC 211 can result in robbery charges.
The court sees second-degree robbery as less severe than first-degree robbery. However, a second-degree robbery conviction still leads to prison time and incredibly steep fines.
What Are the Penalties for a Robbery Conviction in California?
California considers California Penal Code Section 211: Robbery a felony offense. Individuals convicted under PC 211 in California can face the following penalties:
Prison Time
- Up to nine years for first-degree robbery
- Up to five years for second-degree robbery
Fines
- Up to $10,000 for first-degree robbery
- Up to $10,000 for second-degree robbery
Robbery convictions can also lead to felony probation. You should be aware that sentencing enhancements used by the criminal justice system can increase the penalties for robbery in some circumstances.
Robbery Sentencing Enhancements Under California Laws
Many factors can affect a sentence for robbery under California Penal Code Section 211: Robbery. The court may increase an individual’s prison sentence if:
Someone Sustained Great Bodily Injuries
When a victim suffers great bodily injuries, the jury can add three to six years to the sentence.
An Individual Used Firearms in a Robbery
Using a gun during a robbery can increase prison sentencing penalties. Individuals may face:
- 10 years in prison if they use a firearm (but do not fire it)
- 20 years in prison if they fire shots during the robbery
- 25 years to life in prison if people got hurt or killed during the robbery
The Robbery Involved Multiple Victims
The legal consequences of a robbery are determined by the number of victims, not by the number of items taken.
For instance, if a person uses force to intimidate a group of five victims to take the wallet from only one of them, they will be charged with five counts of robbery instead of one.
On the other hand, if the robber uses force or fear on one person, and that single person handles other people’s belongings, it is still only one count of robbery.
Robbery and California’s Three-Strike System
California laws have a Three Strikes sentencing system, and robbery is considered a strike. If a person has two previous strikes, their sentence can go from 25 years to life in prison.
A Los Angeles theft crimes lawyer can provide more information about California’s three-strikes law and how it could apply to your case.
Defenses for Robbery Charges Under PC 211
Individuals charged with robbery may have legal options. It is essential that you contact a Los Angeles criminal defense lawyer if you or a loved one is facing charges under PC 211. A lawyer can look over any robbery charges to determine if any of the following defenses would apply to your case:
You Truly Believed the Goods Were Rightfully Yours
Let’s say you can’t find your lawn mower, and suddenly you see it in your neighbor’s yard, so you get into his property and take what’s yours. Later, you find your lawnmower hidden under some boxes in the garage. Can your neighbor accuse you of robbery?
If you face a situation like the one before, and you genuinely believe the lawnmower was yours, you can have robbery charges dropped. However, this does not apply if you take it to settle a debt.
You Did Not Mean to Take or Keep the Property
Let’s say you are at a bar, and a guy with a baseball bat threatens you, so you take his bat and run with it to avoid being hurt. Since you only took it to defend yourself and not to keep it, you can have robbery charges dropped.
You Didn’t Use Force or Intimidation
Even though the court can punish pickpocketing, the action cannot lead to California Penal Code Section 211: Robbery charges since it does not use force or intimidation.
You Were Falsely Accused
It is not easy to prove a wrongful accusation, so that is why you need a good lawyer. Attorneys at Simmrin Law Group can help you find the evidence you need to defend yourself.
How Will a Robbery Lawyer Help After an Arrest?
An attorney can help with all aspects of your legal case after an arrest for a robbery crime. You can rely on a lawyer to:
Explain Your Charges
You may face one of several robbery charges. An attorney can explain the specifics of your charge and detail the next steps you should take to protect your future after an arrest for California Penal Code Section 211: Robbery.
Protect You During Legal Questioning
You can rely on an attorney to represent your best interests when the police and prosecution question you about your charges. Do not speak with the prosecution or law enforcement without a lawyer; they can use everything you say against you.
You can exercise your Sixth Amendment rights and request legal counsel immediately after an arrest.
Support You During Arraignment
You’ll have to attend an arraignment hearing after an arrest for robbery. During this hearing, the court will inform you of all the charges you face. You’ll have to enter a plea at this point. A lawyer will walk you through what to expect from the hearing.
Assist with a Bail Hearing
You can also count on your attorney to help with a bail hearing after a robbery arrest. Sometimes, California’s court system allows you to pay bail to stay out of jail before your criminal trial. An attorney can push for the court to order a low bail payment.
Assess Any Plea Bargains
Sometimes, the prosecution offers lesser charges through a plea bargain. An attorney can assess these deals and advise you about whether or not to take the deal in exchange for reduced penalties.
Push to Get Charges Dismissed
In some situations, a lawyer may push the court to dismiss California Penal Code Section 211: Robbery charges, especially if the police violated your rights or the prosecution lacks evidence to back up the charges.
Represent You in Court
Finally, you can count on a criminal defense lawyer to represent you in court, presenting evidence and questioning witnesses on your behalf.
Robbery, Theft, and Other Related Offenses in California
Many other offenses are frequently associated with robbery and even charged with California Penal Code Section 211: Robbery, which can affect the sentence if the evidence backs them up. Some of those related offenses are:
- Grand theft (CPC §487(a),(d)(2))
- Petty theft (CPC §488)
- Receiving stolen property (CPC §496(a))
- Extortion (CPC §518(a))
- Burglary (CPC §459)
- Kidnapping (CPC §207(a))
- Carjacking (CPC §215(a))
- Grand theft auto (CPC §487(d)(1))
- Unauthorized taking of a vehicle (California Vehicle Code [CVC] §10851(a))
Although every case is different, you can take a look at how these related criminal charges can affect a sentence for robbery:
Grand Theft
Individuals face grand theft charges for taking goods worth more than $950 or stealing a firearm. A person can be charged with grand theft even if no violence occurs. However, they must move the property and keep it for some time.
A prosecutor that charges grand theft must be able to prove the following beyond any reasonable doubt:
- The accused took someone else’s property without the owner or its agent’s authorization
- It was worth more than $950, or it was a firearm
- It was taken with the intent to remove it from the owner long enough to make him lose a major portion of its enjoyment
- The accused moved the property and kept it for some time
Example: Imagine you own an amazing grill that costs way over $1,000, and your neighbor always asks you to borrow it, but you say no. One day, you go out of town for a couple of days, and when you return, you realize your grill is in your neighbor’s backyard.
You call the cops and report grand theft, but when they arrive, your neighbor keeps telling them that he didn’t mean to steal it and planned to return it to its owner. Should your neighbor be convicted?
Let’s take a deeper look. On the one hand, your neighbor:
- Took property worth more than $950
- Did it without the owner’s approval
- Moved the item a considerable distance
- Kept it for a while
However, since he didn’t mean to take it for good and didn’t plan to deprive you of its future enjoyment, your neighbor may not face a conviction for grand theft.
Petty Theft
Petty theft is commonly associated with robbery because people often take items of small value during robberies. To charge you with petty theft, the prosecutors must prove beyond any doubt:
- You took property without the owner’s authorization
- It was worth less than $950
- It was NOT a firearm
- You took it with the intent to keep it or remove it permanently from its owner’s reach
- You moved the property and kept it for some time
Example: Let’s say you have an old bicycle rotting in the backyard. Even though the bike may be worth less than $200, you keep it for sentimental reasons. One day, one of your neighbors looks at it, assumes it may be worth something as scrap metal, and then takes it from your property to sell it.
When you call the cops on him, he says he took it because it was just rotting there, and he thought you weren’t using it anymore. Should he be charged with petty theft?
He may have honestly thought you weren’t using it anymore, and he didn’t use any type of violence to take it. However, he took it with the clear intent to keep it (or sell it, in this case), and he tried to remove it permanently from its rightful owner. This person WILL face charges for petty theft.
Receiving Stolen Property
This charge applies whenever someone buys property, knowing someone stole it. Concealing, selling, or withholding property that doesn’t belong to you and that someone unlawfully obtained can also trigger this charge.
Prosecutors must be able to prove the following beyond any doubt to proceed:
- You bought, sold, received, or concealed property taken from its rightful owner
- Someone traded the property without any authorization from the owner or its representatives
- You knew it was stolen property
Example: You “know a guy” who offers you the latest iPhone at a quarter of its price. When you check the phone, you find out someone else’s account is on it, and when you ask your guy how he got it, he just says, “Oh, don’t worry! It was my cousin’s, but he wants me to sell it.”
So, you buy it from him. Later, you discover someone stole the phone and face charges of receiving stolen property. Should you be charged with this crime?
Yes, you did buy an item stolen from its rightful owner. However, even if the price was a quarter of its value, you didn’t have any way of knowing that someone stole it. You may avoid a conviction for receiving stolen property.
Extortion
An extortion case occurs when a person obtains goods, services, or benefits from using force or intimidation on someone else. This offense is commonly related to robbery since many people use means of extortion during a robbery.
A person can be charged with extortion if the prosecutor can prove:
- They threatened another person or their property
- They did it to force them into giving money, goods or doing official acts
- They obtained what they intended
Example: Your manager is having an affair with his assistant. Another of your coworkers is bitter about not getting the raise he thinks he deserves. So, your coworker decides to threaten the manager with spilling the secret to the manager’s wife and gets the desired raise. Later, he accuses him of extortion. Will it stick?
Let’s look at your colleague’s behavior: he never spilled the secret, nor did he talk with the manager’s wife. However:
- He threatened your manager
- He did it to force him to do an official act (giving a raise)
- He got what he wanted
Therefore, your work colleague CAN face extortion charges.
Burglary
A burglary occurs when a person enters a building to commit a crime within the perimeter of the property. When the building in question is a home, a vessel, a floating house, or a trailer, it is considered first-degree burglary. The penalties for first-degree burglary can go up to six years in state prison.
Breaking into any other type of building (like business buildings) is considered a second-degree burglary. The penalty for second-degree burglary can go up to one year in county jail.
These are the elements a prosecutor must prove to get you convicted of burglary:
- You entered a noncommercial establishment or a commercial establishment outside business hours
- You entered the structure with the intent in your mind of committing a crime there
- You took or damaged property worth over $950
Example: You are a car shop owner, and a client comes one day with an engine noise. You help them and fix their car. When they are gone, you check the security tapes and find out that while you were working on their vehicle, they took tools worth more than $1,000 from your shop. You call the cops and report a burglary.
Let’s take a look at the facts:
- The person did enter your property
- They took more than $950 in stolen property
However, they took the tools not because they planned to but because they saw the opening. So, there was no previous intent to commit a crime before entering the property. This person can get the burglary charges dropped or reduced to something less serious.
Kidnapping
Kidnapping is the act of stealing, taking, holding, detaining, or arresting any person by using force or any other type of intimidation and taking them into another county, state, or nation. Kidnapping is associated with robbery since it is often a step into forcing someone to let go of their belongings.
Proving a kidnapping charge involves providing evidence of the following:
- You unlawfully took, withheld, detained, or arrested a person by using force or any other type of intimidation
- The person didn’t give consent
- You moved the person a substantial distance
Example: You are at work, and right when you are ready to go home, your manager tells you that a valuable item is missing and that you can only go home once it appears. Your manager then threatens to retain your paychecks and even fire you if you do not comply.
He takes you into his office against your will and locks it to “give you time to think.” On your first chance, you call the cops and accuse your manager of kidnapping. Let’s view that deeper:
- Your manager only wanted the valuable items back
- They were going to let you go
But the facts are:
- They took you against your will
- They moved you to another place (it may not look like much, but the California Penal Code does not specify a minimum distance)
- They use intimidation to force you to comply
Under these circumstances, your manager may face kidnapping charges.
Carjacking
CPC 215 defines carjacking as the act of taking a motor vehicle from its rightful owner or under their presence by the use of force or fear. It must happen against the owner’s will and with the intent of keeping the vehicle or depriving the owner of it.
A prosecutor must prove beyond reasonable doubt that the accused:
- Used force or fear to take possession of the motor vehicle
- They took it from the immediate presence of the owner or a passenger
- They did it against the owner’s will
- They intended to keep the vehicle
Example: You were going to charge gas at your local station. Several young men walked past you suspiciously as you opened your car door. You thought they might have a gun, so you decide not to take any risks and run from the car, leaving it open with the key in the ignition.
The two men wait until you are out of sight, then jump in the car and drive off with it. You later report the vehicle as stolen. Police arrested the two men and charged them with carjacking. Will it hold?
These are the facts:
- They took the vehicle
- It was against your will
- They intended to keep it
But it also looks like:
- It was not in your immediate presence, and there were no passengers
- They didn’t do anything to threaten or force you
In this case, they may not face carjacking charges.
California Robbery Charges FAQ
With all the related charges and aggravating factors, being charged with California Penal Code Section 211: Robbery can feel confusing. When you have questions, we have answers.
Is Robbery a Felony in California?
Yes, as stated in the California Penal Code Section 211, Robbery is always prosecuted as a felony in California, which means the penalties can be incredibly high.
A robbery conviction can lead to incarceration, fines, and probation. You could be sentenced to state prison for up to 15 years and be required to pay restitution to the victim and court fees as part of your sentence.
Depending on your situation, you could face charges for first-degree or second-degree robbery. The Simmrin Law Group can help you learn more about each degree of robbery.
What Does a Prosecutor Need to Prove Robbery?
For a robbery charge to hold against someone in California, a prosecutor must be able to provide evidence that:
- The person took property that didn’t belong to them
- The defendant took the property with the intent to deprive its rightful owner
- The goods were taken from the victim’s possession in their presence
- The property was taken as a consequence of force or intimidation
- The property was taken against the victim’s will
- The goods were taken for an extent of time enough to deprive the rightful owner of a major portion of their enjoyment
The prosecution seeks to establish all these facts to secure a California Penal Code Section 211: Robbery conviction.
What Is Considered Use of Force or Fear?
Use of force means that a person has the means to cause harm—for instance, a loaded gun.
The use of fear implies, for instance, using that gun to threaten someone into letting go of their possessions. When a robber points a gun at a bank employee and demands, “All the money in the bag or I’ll shoot,” he is using both.
Is It Still Robbery if I Didn’t Take the Property Home?
If there was a “felonious taking,” moving the items only a small distance from their original place, it is enough to be considered a robbery. It doesn’t matter if the robber wasn’t the one who moved the items.
They are still accountable for the act even if they hired someone to move the items.
Is There a Chance of Probation Instead of Serving Time?
Depending on many factors, a judge may grant probation instead of sending you to prison. When deciding whether or not to grant probation, the judge will look at factors like:
- Your criminal history
- The facts of your case (e.g., if any weapons or force played a role in the robbery)
- Any other evidence presented by the prosecution or defense
You can discuss formal felony probation for California Penal Code Section 211: Robbery with your criminal defense attorney.
Probation Terms
A California court will set some specific terms of probation that apply to your particular case. Some of those could be:
- You cannot violate any other law (traffic infractions don’t count)
- You must visit your probation officer as often as required by your mandate
- You must pay restitution to the victims of your crime
- Perform community service
Probation terms can last anywhere from three to five years. Depending on the circumstances of your arrest, the court can ask for the maximum possible time in prison if you violate your probation terms after a robbery conviction.
Call a Criminal Defense Attorney About Robbery Charges
The prosecution in your robbery case will try to prove you guilty beyond a reasonable doubt. The good news is that there are several defenses that a criminal defense attorney could use in your favor. These include proving that you did not take property by force or fear or had no intent to sell or keep it.
Being accused under California Penal Code Section 211: Robbery can have serious consequences. The best advice is to get legal representation. Rest assured that our attorneys will explore all options to fight these charges and achieve the best possible outcome.
If you still have questions, regardless of your particular case involving a robbery claim or accusation, contact an experienced criminal defense attorney at Simmrin Law Group.