Robbery – California Penal Code 211
Southern California Robbery Attorney
Under California Penal Code 211, robbery is 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.
What this means is that robbery is committed if you take an item from another person by force or by the use of fear.
For the purposes of this crime, fear is defined as:
- The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or,
- The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery.
“Fear” can be caused by a threat to injure the person being robbed, or their family member. Therefore, to be convicted of robbery, the prosecution must prove that an item was taken by the use of force, or by some conduct that caused the person being robbed to be in fear.
There are two different degrees of robbery.
First-degree robbery can be committed in a number of ways including:
- Robbery committed inside of an inhabited home
- Robbery against a bus driver or taxi driver
- Robbery of someone using an ATM
If the first-degree robbery is committed with 2 other persons inside of a home, the punishment can be up to nine (9 years in state prison. First-degree robbery in all other cases can be punishable by up to six (6) years in state prison.
Any other type of robbery is considered to be a second-degree robbery. Second-degree robbery is a felony and is punishable by up to five (5) years in state prison.
An attempted robbery is punishable by up to three (3) years in state prison.
Call the Law Offices of Nam Q. Doan | OC Legal Defense if you are facing robbery charges. It is important that you consult with a Southern California Robbery Defense attorney. There are a number of defenses that may be available to you in your case. Call today at (714) 248-DOAN (3626) or visit www.OCLegalDefense.com for more information.