What is Robbery in California? – PC 211
Under California Penal Code 211, anyone who deliberately steals someone else’s property by using force or fear is guilty of robbery. The use of force can be by pushing, hitting, slapping, grabbing, or any other kind of non-consensual contact. Fear can be any verbal act, such as threats of harm, conditional threats, and even nonverbal acts (i.e. making a throat-slashing gesture with a hand, lifting up a shirt to show a gun). Section 211 of the California Penal Code 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.
Prosecution for Robbery
In California, robbery is divided into two degrees: first-degree and second-degree. First-degree robbery occurs when the act is committed against:
(1) A person who is performing his or her duties as an operator of a bus, taxi, cable car, street car, or any other vehicle used for the transportation of people for hire
(2) The passengers of such vehicles
(3) People in an inhabited residence; OR
(4) A person using an ATM
Any other type of robbery besides the aforementioned is considered a second-degree robbery. One cannot be convicted of robbery unless the court concludes that the elements of crime have been proven beyond reasonable doubt. In order to convict you of robbery, the State has the burden to prove that:
1. You took something that did not belong to you
2. You took it in the presence of another person
3. You acted without consent from the third party
4. You used force or fear; AND
5. You deprived the owner of their personal property
Punishment for Robbery
According to California Penal Code there are different punishments for first and second-degree robbery. A conviction of first-degree robbery is punishable by imprisonment for up to 9 years in state prison. A conviction of second-degree robbery is punishable by imprisonment for up to 5 years in state prison.
Defenses to Robbery in California
Although the sentencing and punishment for robbery in California is very serious, an experienced Criminal Defense Attorney can help you raise several defenses to have your robbery charge reduced or dismissed. These defenses include:
Good Faith Belief
One of the defenses used by attorneys is good faith belief. In robbery cases, this defense may be raised if you reasonably believed that the property taken was your own or you had no felonious intent to take the property.
Absence of Use of Force or Fear
Another defense your attorney may use is the absence of force and fear. You cannot be convicted of robbery if you did not use force or fear while taking another person’s property.
False Allegation
It is not unusual for people to falsely accuse others of crimes such as robbery. This may be caused by revenge, mental illness, or just a misunderstanding. A skilled criminal defense attorney may be able to argue that the victim’s statement is untrustworthy and faulty.
There can be many other defenses which an attorney may use depending upon the circumstances of your case. The first and most critical step you must take is to contact an attorney who has experience in successfully defending robbery cases. Your attorney may be able to negotiate with the prosecutor to reduce the charges against your or have your case dismissed.
California Robbery Defense Attorney
If you or a loved one is accused of robbery, you need to contact a California robbery defense attorney immediately. At Wallin & Klarich, we have over 40 years of experience successfully defending our clients against robbery charges and helping them avoid jail time. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.
