Robbery (Penal Code § 211)

Robbery is the crime of taking another person’s property in their presence through the use of force or fear.

Robbery is classified as a “violent felony” carrying a punishment of up to 9 years in state prison depending on the facts of the case, and qualifies as a “strike” under California’s Three Strikes Law.

If you or someone you care about is facing a robbery charge, the criminal defense attorneys at the Weinrieb Law Firm can help explain the charges and properly defend against them.  We can be reached twenty-four hours a day, seven days a week at (818) 933-6555.

First Degree vs. Second Degree Robbery

Robbery may be classified as either “first degree” or “second degree” robbery depending on the facts of the case.

First degree robbery includes robbery that occurs at a home or at an ATM machine.  First degree robbery carries potentially more severe punishments than second degree robbery.

Second degree robbery is any robbery that is not first degree robbery.

Elements Of Robbery

The prosecution must prove the following to convict a defendant of robbery:

• Defendant took the victim’s personal property (the value of the property does not matter and only needs to be moved a short distance)
• Victim was in the immediate presence of the property (the person does not need to be physically holding the property, but does need to be present)
• Victim did not consent (defendant took the property against the victim’s will)
• Defendant used force or fear (the force or fear must be greater than incidental contact)
• Defendant intended to take the property before or during the use of force or fear (deciding to take the victim’s property only after using force or fear is not robbery)

Punishment For Robbery

As with any crime, the potential punishment for robbery will vary based on the facts of the case, and can include:

First Degree Robbery:

• Three, four or six years in state prison

* (three, six or nine years if committed in an inhabited dwelling by two or more persons)

• A “strike” under California’s Three Strikes Law

Second Degree Robbery:

• Two, three or five years in state prison
• A “strike” under California’s Three Strikes Law

Defenses To Robbery

Potential defenses to a charge of robbery will depend on the facts of the case, but may include:

• Insufficient use of force or fear by the defendant
• Lack of intent (the defendant used force or fear, but only afterwardsformed the intent to take the property)