ROBBERY

Definition of Robbery

A Robbery is essentially a theft, when the property is taken directly from the owner. California Penal Code section 211 defines a Robbery as follows:

Taking personal property in the possession of another,
From their person or immediate presence,
And against their will,
By means of force or fear

Multiple charges

You can be charges with multiple counts of Robbery for the same act. Because a Robbery involves a taking from or in front of a person, if there are multiple people involved, you can be charged based on each alleged victim of the Robbery. The counts will depend upon the number of alleged victims and not the number of items taken.

What type of Force/Fear?

Force in a Robbery is a physical force against the person’s will. The force can be minimal, or more serious, for example with a weapon or causing an injury.

Under PC 212, the fear inflicted on the alleged victim of the Robbery may be a fear of:

injury to themselves or a family member; or
immediate injury to themselves or anyone in their company at the time of the Robbery

ROBBERY IN THE FIRST DEGREE VS. SECOND DEGREE

Different Degrees of Seriousness.

In California, some crimes have multiple degrees of seriousness, and this is one such charge. Robbery has two degrees of seriousness, with First Degree being the most serious. Both are discussed below.

Robbery in the First Degree

Under CA PC 212.5 this offense can be charged when the allegations are that the robbery is as follows:

Of either a driver or passenger of: a bus, taxi, cable car, street car, trolley, etc.
Of someone inside of an inhabited dwelling (including some boats and trailers)
Of someone using an ATM, or who just used an ATM and is still within the vicinity of it.

This charge is a felony. All other robberies that do not fall within the above definitions would be chargeable as a Robbery in the Second Degree.

Definition of Robbery in the Second Degree

Robbery in the Second Degree encompasses all robberies as defined above by CA PC 211, and do not fall within the unique circumstances that qualify as First Degree under CA PC 212.5 listed above.

Robbery in the Second Degree is also a felony.

Potential Outcomes for a robbery charge

Robbery as a Violent Felony

Robbery is a violent felony and therefore counts as a strike offense. This makes Robbery one of the most serious felonies you can face, and depending on your record can carry increasingly serious sentences - up to life in prison for a third strike. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. This is a serious offense that require a serious defense. To find out what might be possible in your case, you can schedule a free consultation here.

Robbery in the First Degree

Potential punishments for a conviction for First Degree Robbery range as follows:

Up to 6 years in prison
- or more depending on enhancements and strike history
Fines of $0-$10,000
Probation
Restitution
Prohibition of Possessing Firearms
A Restraining Order with the alleged victim

Robbery in the Second Degree

Potential punishments for a conviction for First Degree Robbery range as follows:

Up to 5 years in prison
- or more depending on enhancements and strike history
Fines of $0-$10,000
Probation
Restitution
Prohibition of Possessing Firearms
A Restraining Order with the alleged victim

Sentencing Enhancements for Robbery Charges

California has many different enhancements that can increase your potential sentence if convicted of a charge. For example:

If the alleged victim of the Robbery is seriously inured a “Great Bodily Injury” enhancement can add 3-6 years to your sentence
If the Robbery is accomplished with a firearm it can add 10-life to your sentence, depending on whether the gun is fired, or anyone is injured
If there is an allegation that the charge is gang related it can add 10 years to your sentence
As stated above, as a strike offense, a second strike can increase your sentence, and a third can put you in prison for life.

WHAT CAN YOU DO ABOUT A ROBBERY CHARGE?

What should I do if I am accused of Robbery?

If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.

What should I do if I am charged with Robbery?

If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges, especially when you are facing a felony or even a strike like this charge can be. Read more about what to do if you have been arrested here, or charged with a crime here.

Can I get my case dismissed?

The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. We can walk you through what options are possible in your case.