Robbery Laws in California
California Penal Code Section 211 defines robbery as the taking of personal property of another, from either their immediate presence or their body, by using force or fear.
A prosecutor must prove:
- YOU TOOK PROPERTY THAT WAS NOT YOURS
- FROM ANOTHER PERSON’S POSSESSION OR IMMEDIATE PRESENCE
- AGAINST THAT PERSON’S WILL
- USING FORCE OR THREATS
- WHEN YOU TOOK THE PROPERTY, YOU WERE INTENDING TO DEPRIVE THE OWNER OF THAT PROPERTY EITHER PERMANENTLY OR FOR SUCH AN EXTENDED PERIOD OF TIME THAT THE OWNER WOULD BE DEPRIVED OF A MAJOR PORTION OF THE VALUE OR ENJOYMENT OF THAT PROPERTY
Robbery is considered a felony in California and if you are convicted you will receive a “strike” on your criminal record pursuant to California’s three strikes law.
There are two different degrees under which a person can be charged with robbery:
- FIRST-DEGREE ROBBERY INCLUDES THE ROBBERY OF THE DRIVER OR PASSENGERS OF A COMMERCIAL VEHICLE, THE ROBBERY OF PERSONS INSIDE AN INHABITED HOME OR BUILDING, AND THE ROBBERY OF PEOPLE WHO HAVE JUST USED OR ARE IN THE PROCESS OF USING AN ATM MACHINE. YOU FACE UP TO 6 YEARS IN CALIFORNIA STATE PRISON IF CONVICTED OF FIRST-DEGREE ROBBERY, ALTHOUGH IF YOU COMMITTED ANY OF THESE ACTS WITH 2 OR MORE PEOPLE YOU WILL FACE UP TO 9 YEARS.
- SECOND-DEGREE ROBBERY CONSISTS OF ANY ACT OF ROBBERY THAT DOES NOT MEET THE FIRST-DEGREE STANDARD. IF CONVICTED OF SECOND-DEGREE ROBBERY YOU WILL FACE UP TO 5 YEARS IN CALIFORNIA STATE PRISON.
- DEPENDING ON THE CIRCUMSTANCES, YOUR SENTENCE MAY BE INCREASED USING WHAT ARE REFERRED TO AS SENTENCING ENHANCEMENTS.
- CALIFORNIA PENAL CODE SECTION 12022.7 IMPOSES UP TO AN ADDITIONAL 6 YEARS IN PRISON IF YOU CAUSE ANOTHER PERSON TO SUFFER A SUBSTANTIAL BODILY INJURY IN THE COURSE OF THE ROBBERY.
- CALIFORNIA PENAL CODE SECTION 186.22 IMPOSES A 10-YEAR ADDITION TO YOUR PRISON SENTENCE IF THE PROSECUTOR PROVES THAT YOU CARRIED OUT THE ROBBERY “FOR THE BENEFIT OF, AT THE DIRECTION OF, OR IN ASSOCIATION WITH ANY CRIMINAL STREET GANG.”
- CALIFORNIA PENAL CODE SECTION 12022.53 INVOLVES ROBBERY CIRCUMSTANCES IN WHICH THERE WAS A GUN INVOLVED. YOU FACE 10 ADDITIONAL YEARS IN PRISON FOR USING A GUN DURING THE COURSE OF A ROBBERY, 20 ADDITIONAL YEARS FOR FIRING A GUN, AND 25 ADDITIONAL YEARS TO LIFE IN PRISON FOR USING A GUN TO SERIOUSLY INJURE OR KILL DURING THE COURSE OF A ROBBERY.
We Can Help
If you are facing robbery charges, it is essential that you have skilled representation. An experienced, diligent, and aggressive criminal law attorney like Grant Bettencourt can help achieve a favorable result in your case.
At The Law Offices of Grant Bettencourt, we will use our expertise to exhaust every possible defense in our effort to obtain a favorable result in your case. Call (925) 788-7178 anytime, or fill out the consultation form below and Grant will reach you in 24 hours or less.