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.
First Degree Robbery
First-degree Robbery is punishable by imprisonment for a period of three (3), six (6), or nine (9) years in state prison if you committed the robbery with two or more person, and the robbery occurred in an inhabited building.
Any other first-degree robbery is punishable by three (3), four (4), or six (6) years in state prison.
Second Degree Robbery
Second-degree Robbery is punishable by imprisonment for a period of two (2), three (3), or five (5) years in state prison.
An attempted robbery is punishable by a period of sixteen (16) months, two (2) years, or three (3) years in state prison.
California Three Strikes Law
A conviction of Robbery is also a strike for the purposes of the California Three Strikes Law. The California three strikes law increases your penalty if convicted. Being convicted of three strikes can automatically send you to prison for life.
The defendant is charged with robbery [in violation of Penal Code section 211].
To prove that the defendant is guilty of this crime, the People must prove that:
- The defendant took property that was not (his/her) own;
- The property was taken from another person’s possession and immediate presence;
- The property was taken against that person’s will;
- The defendant used force or fear to take the property or to prevent the person from resisting; AND
- When the defendant used force or fear to take the property, (he/she) intended (to deprive the owner of it permanently/ [or] to remove it from the owner’s possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property).
The defendant’s intent to take the property must have been formed before or during the time (he/she) used force or fear. If the defendant did not form this required intent until after using the force or fear, then (he/she) did not commit robbery.
[A person takes something when he or she gains possession of it and moves it some distance. The distance moved may be short.]
[The property taken can be of any value, however slight.] [Two or more people may possess something at the same time.]
[A person does not have to actually hold or touch something to possess it. It is enough if the person has (control over it/ [or] the right to control it), either personally or through another person.]
[A (store/ [or] business) (employee/<insert description>) may be robbed if property of the (store/ [or] business) is taken, even though he or she does not own the property and was not, at that moment, in immediate physical control of the property. If the facts show that the (employee/<insert description>) was a representative of the owner of the property and the (employee/<insert description>) expressly or implicitly had authority over the property, then that (employee/ <insert description>) may be robbed if property of the (store/ [or] business) is taken by force or fear.]
[Fear, as used here, means fear of (injury to the person himself or herself[,]/ [or] injury to the person’s family or property[,]/ [or] immediate injury to someone else present during the incident or to that person’s property).]
[Property is within a person’s immediate presence if it is sufficiently within his or her physical control that he or she could keep possession of it if not prevented by force or fear.]
[An act is done against a person’s will if that person does not consent to the act. In order to consent, a person must act freely and voluntarily and know the nature of the act.]
It is important to consult with a Los Angeles Robbery Attorney if you are facing Robbery charges. Call the Law Offices of Nam Q. Doan at (714) 248-DOAN (3626) today to start your defense to your case. I will fight to get you the best possible result in your case.