Under California Penal Code § 211, robbery is defined 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. The crime of robbery is always classified as a felony in California.
The term “taking” requires proof of the following two elements:
- achieving possession of the property (known as “caption”); and
- carrying the property away (known as “asportation.”)
The most common defenses in a robbery case involve a showing that you did not commit the offense, that you did not use force or fear to take the property, or that you believed that you had a right to the property taken.
Attorney for Robbery in Ventura, CA
If you were accused of any robbery offense prosecuted under Section 211, then contact an experienced criminal defense attorney at Jay Leiderman Law.
During the free and confidential consultation, you can learn more about the charges pending against you, the possible punishments, and the best defenses that can be use to aggressively fight the charges.
Contact us to discuss the best way to fight charges involving violent felony crimes. Call (805) 654-0200 today.
Penalties for Robbery in California
Under Penal Code 211 PC, the crime of robbery carries serious felony penalties. Robbery is always a felony. Robbery is divided into the first and second degree.
All robberies are robbery in the second degree except for when the robbery occurs under the following circumstances:
- the robbery involved any driver or passenger on a bus, taxi, streetcar, subway, or cable car;
- the robbery takes place in an inhabited structure;
- the robbery involves any person who used or is near an ATM machine.
The penalties for first degree robbery include a prison sentence of between three (3) and six (6) years, and a fine of up to ten thousand dollars ($10,000). If you are accused of committing the first-degree robbery in an inhabited structure, in concert with two (2) or more other people, then the potential state prison sentence is increased to three (3), six (6) or nine (9) years.
If the crime is classified as a second-degree robbery, then the penalty is two (2), three (3) or five (5) years in state prison and a fine of up to ten thousand dollars ($10,000).
The penalties for robbery can be enhanced with proof that the crime caused another person to suffer a “great bodily injury” under California Penal Code 12022.7. The term “great bodily injury” is defined as a substantial physical injury. The sentencing enhancement for great bodily injury can add an additional three (3) to six (6) years to the robbery sentence.