California Robbery overview – California penal code 211

California Penal Code Section 211 defines robbery as the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. Robbery is classified as a theft crime and it is a serious offense. Felonious taking is defined as the illegal taking away of something.

Under California Penal Code Section 212.5, robbery is broken down into two degrees.

It is first degree when the robbery is committed in the following situations:

• Against any person who is performing his or her duties as an operator of any bus, taxicab, cable car, street car, trackless trolley, or other vehicle
• Every robbery of any passenger which is perpetrated on any vehicles used for transportation for hire
• Every robbery which is perpetrated in an inhabited dwelling house
• Every robbery of a person while using an automated teller machine (ATM), or immediately after the person has used the ATM
• Or the inhabited portion of any other building is robbery of the first degree

Any other robbery is considered to be in the second degree.

The punishment for robbery can be severe. If the first degree robbery was committed in concert with two or more persons, and the robbery was committed within an inhabited “dwelling house” or the inhabited portion of any other building, the robbery is punishable by imprisonment in state prison for three (3), six (6), or nine (9) years. In all other cases of first degree robbery, the punishment is imprisonment in state prison for three (3), four (4), or six (6) years.

Robbery of the second degree is punishable by imprisonment in state prison for two (2), three (3), or five (5) years. A conviction for an attempted robbery is punishable by imprisonment in state prison for up to three (3) years.

Robbery is also considered a strike under the California Three Strikes law. See California Penal Code Section 667, 1192.7(c)(19).

If you have been charged with robbery, it is critical that you speak an experienced criminal defense attorney immediately. The criminal defense attorneys at Wallin & Klarich have been handling serious felony cases for more than 30 years. Our Southern California attorneys will do a thorough investigation of all the facts and raise all possible defenses on your behalf. Facing possible imprisonment in state prison is a terrifying ordeal. Call Wallin & Klarich today at (888) 280-6839 and visit us on our website at www.wklaw.com to speak with one of our attorneys regarding your matter. We will be there when you call.