California Robbery sentencing and punishment – California penal code 211

The punishment for robbery can be severe. The punishment for robbery will depend on whether the crime committed was first degree robbery or second degree robbery. Robbery is also considered a strike under the California Three Strikes law. (See California Penal Code Section 667, 1192.7(c)(19).)

First Degree Robbery

If the first degree robbery was committed in concert with two or more persons, and the robbery was committed within an inhabited dwelling house, an inhabited vessel, an inhabited trailer, 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.

Second Degree Robbery

Robbery of the second degree is punishable by imprisonment in state prison for two (2), three (3), or five (5) years.

Attempted Robbery

A conviction for an attempted robbery is punishable by imprisonment in state prison for up to three (3) years.

Enhancements – Robbery Committed with a Weapon

Armed with a Firearm in the Commission of a Robbery – California Penal Code Section 12022(a)(1)

Any person who is armed with a firearm in the commission of a robbery or attempted robbery shall be punished by an additional term of imprisonment in state prison for one (1) year.

A firearm is any device designed to be used as a weapon, from which a projectile is discharged or expelled through a barrel by the force of an explosion or other form of combustion.

Armed with an Assault Weapon in the Commission of a Robbery – California Penal Code Section 12022(a)(2)

If the firearm is an assault weapon, machinegun, or a .50 BMG rifle, the additional term of imprisonment in state prison shall be three (3) years.

Actually Using a Deadly or Dangerous Weapon in the Commission of a Robbery -California Penal Code Section 12022(b)(1)

Any person who personally uses a deadly or dangerous weapon in the commission of a robbery or attempted robbery shall be punished by an additional term of imprisonment in state prison for one (1) year.

A deadly weapon is any object, instrument, or weapon that is inherently deadly or dangerous or one that is used in such a way that it is capable of causing and likely to cause death or great bodily injury.

The penalties for robbery are severe. If you or a loved one is facing a charge for robbery, it is important that you speak with an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling robbery cases. Our attorneys will provide you with the quality representation you deserve. We will aggressively fight to get you the best possible result in your case. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.