What is Robbery and how severe are the punishments? (Penal Code section 211)
Robbery Defined
Under California law, robbery is defined as the taking of personal property in the possession of another, from his/her person or immediate presence, and against his/her will, by means of force or fear.
How much force is necessary?
Any amount of force is enough to qualify as a robbery. Robbery does not require an amount of force that results in an injury. Also, any threat or force that amounts to fear is enough to make the crime a robbery.
Degrees of robbery
Robbery is divided in two categories, first and second degree robbery. First degree robbery is defined as any robbery of any person who is performing his or her duties as an operator of any bus, taxicab, or, streetcar, and every robbery which is perpetrated in an inhabited dwelling house, or any inhabited portion of any other building. Second degree robbery is all other robbery.
Punishment
The punishment for first degree robbery is state imprisonment for three, six, or nine years. Conversely, second degree robbery is punished by two, three, or five years in state prison as well as possible fines
Prosecution’s burden
It is the prosecution’s burden to prove you are guilty of robbery beyond a reasonable doubt. To prove that the defendant committed robbery, the prosecution must prove that:
o The defendant took property that was not theirs;
o The property was taken from another persons possession and immediate presence;
o The property was taken against that person’s will;
o The defendant used force or fear to take the property AND
o When the defendant used force or fear to take the property, (he/she) intended to deprive the owner of it permanently or to remove it from the owner’s possession for so extended a period of time
If you or a loved one is facing a charge of robbery, it is important that you speak with an experienced Southern California attorney. At Wallin & Klarich, our attorneys have over 40 years of experience in handling all types of robbery cases. Our attorneys will fully inform you of your options as they navigate through the complex court system for you. Call us today at (888) 280-6839. We will be there when you call.
