California Robbery Laws: Penal Code 211 PC Criminal Defense Attorney

What is considered "Robbery" in California (Penal Code Section 211 PC)?

Information on California Robbery Laws can be found at Penal Code Section 211 PC. Basically, Robbery occurs when a defendant takes the personal property of another by force, force, or intimidation, and without any legal justification. The "taking" must also occur in the presence of the victim to constitute robbery. 

To prove the defendant has committed Robbery, or a violation of California penal code section 211 pc, the district attorney must show that:

1) The defendant took property that did not belong to him,
2) The property was taken from the immediate presence of another person,
3) The property was taken against the other person's will,
4) The defendant took the property while using force, fear, or intimidation.
5) The defendant did not intend to return the property.

Note 1: The defendant must have had the intent to deprive the person who possessed the property permanently at the time of the taking. In another words, if the defendant only intended to temporarily deprive the person on the property at the time of the taking but then later decided not to return the property then the crime of robbery has not occurred. 

Note 2: The "taking" of the property occurs when the property is moved any distance at all. For example: If a purse snatcher grabs a purse but immediately drop the purse he is still liable for robbery because the purse moved by his action during the robbery.

Note 3: "possession" of the property does not mean that the victim has to be touching the property. It merely means that the property is within very close proximity and in the immediate presence of the victim.

How much prison time can I get if I am charged with robbery (Penal Code 211 PC)?

In California, Robbery (Penal Code 211 PC) is charged as a felony. If convicted of the charge of Robbery, the defendant will face up to five years prison. The crime of robbery is considered a serious and violent felony and is therefore considered a "strike" in California. 

In addition, the charge of robbery often comes in "degrees. " For first degree robbery the defendant can face up to six years in prison. Furthermore, the crime of robbery can be charged in different way depending on the facts of the case. For example:

Penal Code Section 212.5(a) First Degree Robbery (Residential) up to six years in prison.
Penal Code Section 212.5(b) First Degree Robbery (at an ATM) up to six years in prison
Penal Code Section 212.5(c) Second Degree Robbery up to five years in prison
Penal Code Section 213(a)(1)(A) First Degree Robbery in concert (Residential) up to nine years in prison
Penal Code Section 213(a)(1)(B) First Degree Robbery up to six years in prison
Penal Code Section 213(a)(2) Second Degree Robbery
Penal Code Section 213(b) Attempted Robbery up to three years in prison
Penal Code Section 214 (Train Robbery) up to three years in prison
Penal Code Section 215(a) (Carjacking) up to nine years in prison

In addition to the maximum jail terms listed above, criminal convictions in general can have other severe consequences. Not all convictions carry the same consequences, but the list of possible consequence for criminal convictions include: Felony or misdemeanor probation sentence, fines, immigration consequences, employment loss, professional license revocation or denial, administrative hearings initiated (DMV and/or professional licensing hearings), increased insurance rates, civil lawsuits, mandatory registration requirement (for some sex crimes, drug crimes, arson crimes, and gang crimes), mandatory rehabilitation classes (for some domestic violence and child abuse type cases), restraining orders, loss of rights to own firearms (certain offenses), emotional stress on you and your family, and more.

What are my defenses to a charge of Robbery in California (Penal Code 211 PC)?

There are too many defenses to the crime of Robbery to effectively list all of them in this blog. And remember, every case is different because the facts of every case are different. However, in general, it might be possible to reduce the robbery charge to a less severe charge, or it might be possible to reduce the amount of jail time (Probation is possible in unique circumstances for robbery convictions). 

The most desired goal for the defendant is for a complete dismissal of the Robbery charges. This is possible in some circumstances where there is insufficient evidence to find the defendant guilty or where the prosecution can not proceed due to procedural problems such as crucial evidence which is suppressed at a suppression hearing, or where the stature of limitations  to charge the robbery offense has run. Again, there are way too many defenses to discuss all of them in this blog. 

For more information on defenses to criminal charges in general, including defenses to a charge of  robber (Penal Code 211 PC), see Defenses to Crimes.

Without a doubt, the most important thing the defendant must do first is to speak to an experienced criminal defense attorney without delay. 

To learn more about the crime of robbery and possible defenses to the crime of robbery visit CriminalDefense909.com today, or call 909.913.3138 to speak directly to an experience California Criminal Defense Attorney. Initial consultations are free and we offer consultations 24 hours a day 7 days a week.

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