Under California PC 211, robbery is the felonious taking of another person’s property from their person or immediate presence, against their will. The prosecutor should prove that you took the property through force or fear of robbery charges to apply. If you or your loved one faces robbery charges, our attorneys at Monterey Criminal Attorney can help. We will help you create a solid legal defense to fight your charges.

Penal Code 211 In California

Penal Code 211 was enacted in 1872 in California during the early history of the legal system. This statute has been modified and adapted with societal and cultural norms since its introduction. According to Penal Code 211, robbery is the forceful taking of someone’s property from his/her person or while he/she is present. Robbery is often committed against the will of an individual. It must also involve instilling fear or the use of force for it to qualify as robbery. Under Penal Code 211, robbery is considered under the following criteria:

  • The presence of the victim

  • The defendant is taking the victim’s property directly from his/her person

  • The defendant used force or fear to take the property

Sometimes, you can be accused of taking private property without meeting the above criteria. In this case, you will be guilty of theft or burglary. Theft is an offense of taking another person’s private property against his/her will. On the other hand, burglary is the breaking of a place like a car or a house to take another person’s private property.

It can be hard to understand whether a crime is categorized as robbery, theft, or burglary because the criteria of these criminal cases can overlap. Robbery can also be defined under the following criteria:

Involvement Of Personal Property

You would only be guilty of robbery if you took personal property like personal documents, clothes, jewelry, a wallet, a telephone, a passport, or other items.

Felonious Taking Of The Property

You will be guilty of robbery if you took private property with criminal intent.

Taking The Property Against The Victim’s Will

The offense will be considered robbery if you took someone else’s property against his/her will. On the other hand, it will not be robbery if you had the victim’s consent to take the property.

Taking The Property Directly From The Person or The Owner who was Present

You will face robbery charges if you took the property from the individual who was the victim of the offense. The court will also convict you of robbery if you seized the property in the presence of the victim.

Using Fear or Force While Taking The Property

You will only face robbery charges if you instill fear or force in the victim while taking the private property. Examples of instilling fear include:

  • Having a weapon like a gun or a knife

  • Threatening, and

  • Shouting

On the other hand, using force involves using physical means like:

  • Overpowering someone to deprive him/her of his/her property

  • Forcibly moving a person to a place of captivity

A skilled criminal defense attorney can assist you in breaking down the details of your case if you are not sure whether your case is robbery. He/she will assist you in understanding the specifics of your robbery offense.

Penalties For Robbery Under PC 211

Penal Code 211 does not give the penalties related to the robbery offense, but it defines the specific qualities of a robbery offense. Penal Code 213 is the statute that discusses the penalties for robbery offenses. Possible penalties related to robbery offenses can differ based on:

  • The severity of the crime

  • Whether you have a prior conviction, or

  • Whether certain factors were present

Robbery is classified as follows:

First-Degree Robbery

First-degree robbery is more serious and has the following elements:

  • The victim was a passenger or driver on a streetcar, bus, taxi, metro, or other means of transportation

  • You robbed the victim in his/her house or a place that was inhabited

  • You robbed the victim near an ATM or after using the ATM

The penalties for first-degree robbery can differ based on your criminal history, whether aggravating factors were present, and other factors. Some of the penalties you could face include:

  • A jail term of three to nine years in a state prison

  • A felony record on your criminal record because most robbery offenses are regarded as felonies. This will have a negative impact on your criminal record, making it hard for you to secure a job, enroll in any learning institution, and secure a house.

  • First-degree robbery is often considered a strike offense. According to the Three Strikes Law, you will face harsher penalties for the same offense if you have existing serious offenses. In this case, it is hard to secure alternative sentencing other than imprisonment, and the repercussions can be life imprisonment.

  • Sometimes, the court can grant you probation rather than serving time in prison. However, you will be required to comply with probationary conditions. The conditions can include not falling back into criminal patterns, maintaining a regular job, and meeting a probation officer regularly.

  • The court can order you to pay restitution if the victim suffered economic loss because of the robbery.

Second-Degree Robbery

The identity of the victim and his/her location during the robbery are often the major differences between first and second-degree robbery. Second-degree robbery is often charged as a felony, but the penalties are less severe. Some of the penalties you could face for a second-degree robbery include:

  • A minimum jail term of two years and a maximum of five years in a state prison. There will be a likelihood of being switched to parole if you meet certain conditions during your time in prison.

  • Your felony conviction will be entered into your criminal record. If this happens, it will be hard for you to lead a meaningful life in the community once you complete your sentence.

  • Second-degree robbery is often a strike offense under the Three Strikes Law. In this case, the court will impose severe penalties if you are a repeat offender. It will also be hard for you to secure an alternative to imprisonment.

  • The court can order you to provide financial compensation to the victim in the form of restitution if your offense caused the victim to suffer economic loss.

  • The court can grant you probation depending on the nature of the second-degree robbery. You will be required to adhere to the probationary conditions to avoid time in prison.

The penalties for second-degree robbery will also differ depending on whether aggravating factors were present, your criminal record, and other considerations. You must seek the services of a compassionate robbery attorney. He/she will assist you in understanding the nuances of your charges and the impact they can have on your charges.

Aggravating Factors That Can Enhance Robbery Penalties

There are aggravating factors that can negatively influence the outcome of your case and enhance the minimum sentencing requirements for robbery charges. Understanding the aggravating factors will help you to know the sentence you will face. Some of the aggravating factors include:

Presence Of Accomplices

You will face an enhanced sentence if you committed robbery in an organized manner with one or more other people.

Physical Harm Inflicted On The Victim

You will spend a prolonged period in prison if the victim suffered severe injuries because of your robbery.

Location Of The Robbery

The court will impose a greater sentence if you committed robbery in the home or dwelling of the victim or someone else. You will also face an enhanced sentence if you committed robbery in a school.

Use Of A Gun

Your sentence will be enhanced if you committed robbery using a gun.

Robbery Cases Involving Several Victims

A robbery crime is not defined by the quantity or value of property you steal from another person. The number of victims present during the commission of a robbery defines it. You will be guilty of three counts of robbery if the number of victims at the scene of the robbery is three. The court will convict you of the three counts even if you only took a watch from one of the victims. You will face only one charge of robbery if one victim was present, but you took several things, like a wallet, a necklace, and a watch.

Situations in Which You Injured One Person or Several People During a Robbery

You will face additional sentencing under Penal Code 12022.7 if you are guilty of inflicting serious bodily injuries on a victim or victims during a robbery. The great bodily harm enhancement will apply if the victim sustained severe physical injuries. You will face an additional jail term of three to six years, depending on the identity of the victim and the amount of harm inflicted.

You will face an additional jail term of five years if:

  • You inflicted severe brain injury on the victim, leading him/her to become comatose

  • The victim suffered paralysis because of injury to the nervous system

  • The victim is unable to engage in proper motor functioning

Your sentence will also be enhanced depending on the age of the victim. The court will impose an additional jail term of five years if the victim who suffered great bodily harm was 69 years or older. You will face an additional jail term of four to six years if the victim who suffered great bodily injury was below five years old.

Your sentence will also be enhanced if the robbery crime involved an instance of domestic violence. In this case, you will face three to five consecutive years' imprisonment to the baseline sentence related to the robbery offense.

Robbery Involving A Gun

Your sentence will be enhanced if you commit a felony like robbery using a gun. This is covered under Penal Code 12022.53, which is also known as "10-20-life: use a gun and you are done. The court will impose an additional jail term of ten years if you used a gun during the robbery, like brandishing it or actively using it as a threat of force. You will face an enhanced sentence even if the gun was not loaded.

You will face an additional jail term of 20 years in a state prison if you fired the gun intentionally during the robbery. The court will impose an additional jail term of 25 years to life imprisonment if you fired the gun and inflicted injuries on the victim.

Robbery With A Prior Violent Felony

You can face an enhanced sentence under the Three Strikes Law if you have a prior felony conviction that was considered to be a violent felony. Robbery is categorized as a violent felony under Penal Code 211. It is often considered one of the strikes under California law.

You can face twice the normal sentence related to robbery if you already have a violent felony on your record. For example, you will face a maximum prison sentence of 18 years, rather than nine years, if you commit first-degree robbery. The court will impose a more severe enhanced sentence if you have already been convicted of two or more violent felonies. In this situation, you will face a minimum sentence of 25 years to life imprisonment.

Penal Code 664-211

Attempted robbery in California is covered under Penal Code 664-211. Penal Code 664 defines attempted robbery, while Penal Code 211 defines robbery and the details related to robbery. When Penal Code 664 and Penal Code 211 are referenced together, they define attempted robbery.

According to Penal Code 664, you will face half of the robbery sentence if you attempt to do it but fail because of interruption from another person or event. For example, you will face two and a half years in a state prison instead of five years if you attempted to commit second-degree burglary.

Attempted robbery is not conspiracy or planning to commit robbery. You can only face attempted robbery charges if you have gone through significant and specific motions toward committing robbery. However, the prosecutor must provide sufficient evidence that you had specific intentions to rob another person. He/she must also prove that you had already taken some steps toward executing the robbery. For example, you can only be guilty of attempted robbery if you had verbally indicated to the victim that he/she should hand over the property. The judge can also convict you of attempted robbery if you brandished the gun to threaten the victim.

Defenses Against Penal Code 211 Charges

Developing an effective legal strategy will help you optimize the outcome of your robbery charges. However, this will depend on the facts of your case, like your criminal record, the evidence available, and the severity of your crime. Some of the defense tactics your criminal defense attorney can use include:

  • Showing that there is not sufficient evidence to convict you of robbery. In this case, the prosecutor must provide evidence, like video footage or eyewitnesses, to prove that a robbery occurred and that you are the perpetrator. If he/she fails to do so, the judge can dismiss the charges against you.

  • Establishing that there was a good-faith belief in ownership. Sometimes, you can be misled to believe that the property you stole is yours. In this case, the court can only drop or reduce your charges if your attorney convinces the judge that the property was yours.

  • Showing that yours was a case of duress. Sometimes, you can commit robbery and other felonies out of duress. The court can dismiss your case if your attorney is able to convince the judge that yours was a case of duress.

  • This proves that law enforcement acted in a conducive manner. Law enforcement can secure evidence against your charges unlawfully by stopping you and searching you without reasonable suspicion. They can also pressure you to confess. The court can drop your charges if it establishes that the police obtained their evidence unlawfully.

  • Presenting a strong alibi. Your attorney can provide the evidence showing that you were not at the scene of the crime. He/she can provide camera or video footage, testimonies from witnesses, phone location information, and messages to prove that you did not commit robbery.

  • Proving that you did not use force or fear to commit the crime. In this case, your attorney can prove to the court that you did not use fear or force to take the victim’s property. The judge can downgrade your case to theft if your attorney’s claims convince him/her.

  • Proving that the victim permitted you to exchange the property. Your attorney can provide the evidence showing that the property was transferred with the permission of the victim and, therefore, was not a robbery.

  • Proving that you are a victim of mistaken identity. Your attorney can provide evidence showing that you were not at the scene of the crime, but someone else was. The attorney can claim that the police or the witnesses mistakenly identified you.

  • Demonstrating that you had no intent. You can only face robbery charges if the prosecutor provides the evidence that you had intended to take the property from the victim using force or fear.

Apart from the above defenses, your attorney can also prove that the victim was not present during the alleged crime. He/she can also claim that the motive of the alleged victim was to bring false claims against you. Your attorney can also help you plead guilty to lesser charges if you committed robbery and the prosecutor has sufficient evidence to prove it.

Related Offenses To Robbery Offense

The following are some of the offenses that can be charged alongside robbery offenses:

Theft - Penal Code 487 and 488

Theft involves taking another person’s property without his/her permission and without using force or fear. Petty theft and grand theft are common theft offenses in California that are covered under PC 487 and PC 488, respectively. Theft will be considered grand theft if the stolen asset is worth more than $950. The stolen property can be a gun or a vehicle in the presence of the owner. On the other hand, theft can be deemed petty theft if the property stolen is worth less than $950.

Grand theft is often charged as a misdemeanor or a felony. If the court charges grand theft as a felony, you will face an imprisonment of 16 months to three years in a state prison. You will face a jail term of up to six months if you are convicted of petty theft.

Extortion - Penal Code 518

According to Penal Code 518, extortion is the use of force or threatening another person to get him/her to give up money, personal property, or consideration. Consideration can be a valuable thing, like a picture of a sexual nature or a sexual act. Unlike robbery, extortion involves compelling another person to give his/her permission or hand over money or property. Extortion also involves forcing someone to hand over his/her property or money. Coercion can be through threats to the well-being and property of someone else. Some of the threats can include:

  • Exposing the victim’s immigration status

  • Accusing the victim of a crime, and

  • Telling a secret

Extortion is often charged as a felony in California. You can face a jail term of up to four years if you are guilty of this offense.

Burglary - Penal Code 459

It is an offense under Penal Code 459 to break into an enclosed or locked place like a building or car with the intention of committing a felony while there. In most cases, you can be accused of committing burglary and robbery at the same time. You can commit robbery after breaking into a building or a car. You will face felony charges if you commit burglary in a home. You will face misdemeanor or felony charges if you commit burglary somewhere else. The court can impose a jail term of two to six years in a state prison if you are guilty of burglary.

Find a Criminal Defense Attorney Near Me

Robbery is a serious criminal charge under California law. A conviction or a guilty plea can lead to imprisonment, hefty fines, and paying restitution to the victim. If you face robbery charges, time is of the essence. You should contact an attorney as soon as possible. At Monterey Criminal Attorney, we have aggressive attorneys who can help you create a strong defense to fight your charges. Contact us today at 831-574-1791 to speak to one of our attorneys.