Arrested or Charged with Armed Robbery (Penal Code § 211/212.5) in California?

Armed robbery combines the elements of robbery with the use of a weapon, significantly increasing the penalties and prosecution focus. If you or a loved one has been charged with armed robbery, understanding the specific nature of these charges and possible defense strategies is crucial.

At David P. Shapiro Criminal Defense Attorneys, we’ve defended clients against robbery and weapons charges in San Diego and Chula Vista. This guide explains armed robbery charges under California law, including the legal definitions, potential penalties, and how an experienced criminal defense attorney can help protect your rights.

San Diego Robbery Attorney David P. Shapiro

What Constitutes Robbery in California?

To understand armed robbery, we must first understand the basic definition of robbery. California Penal Code § 211 defines robbery 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.”

This definition contains several key elements that prosecutors must prove:

1. Taking of personal property: You took property that belonged to someone else
2. From the person or immediate presence: The property was taken directly from the victim or from their immediate vicinity
3. Against their will: The victim did not consent to the taking
4. By force or fear: You used physical force or intimidation to take the property

California Penal Code § 212 further clarifies that “fear” can refer to:

• Fear of injury to the person or property of the person robbed, or their family member
• Fear of immediate injury to anyone in the company of the person being robbed

What Makes a Robbery an “Armed Robbery”?

🚓 Difference Between Robbery & Armed Robbery 🆘 #knowyourrights #criminallawyer #californialaw

While “armed robbery” is not a distinct offense explicitly named in California’s Penal Code, the use of a weapon during a robbery significantly affects how the crime is charged and sentenced. Armed robbery falls under the general robbery statute (PC § 211) but typically involves additional factors:

1. The presence of a firearm, knife, or other deadly weapon during the robbery
2. The use or threatened use of the weapon to facilitate the robbery

The presence of a weapon typically raises the offense to first-degree robbery and may trigger sentence enhancements.

First-Degree vs. Second-Degree Robbery

What are the different types of robbery/ PC211 charges?

California Penal Code § 212.5 divides robbery into degrees:

First-Degree Robbery

First-degree robbery includes:

• Robbery of a person operating public transportation (bus driver, taxi driver, etc.)
• Robbery of a passenger on public transportation
• Robbery in an inhabited dwelling house or building
• Robbery of a person using an ATM or in the vicinity immediately after using an ATM

When a weapon is involved in these scenarios, it remains first-degree robbery but with potential additional enhancements.

Second-Degree Robbery

All other robberies not listed under first-degree are classified as second-degree robbery. However, even second-degree robbery becomes significantly more serious when a weapon is involved.

Penalties for Armed Robbery in California

The basic penalties for robbery are already severe, but when weapons are involved, additional enhancements substantially increase the potential prison time:

Base Penalties for Robbery

• First-degree robbery: 3, 6, or 9 years in state prison (if committed in an inhabited dwelling with two or more accomplices) or 3, 4, or 6 years (in other first-degree cases)
• Second-degree robbery: 2, 3, or 5 years in state prison

Sentence Enhancements for Weapons

When firearms or other weapons are used during a robbery, California law imposes significant enhancements under Penal Code § 12022:

• Personal use of a firearm: Additional 10 years
• Discharging a firearm: Additional 20 years
• Discharging a firearm causing great bodily injury or death: Additional 25 years to life
• Use of other dangerous or deadly weapons: Additional 1, 2, or 3 years

These enhancements are added to the base sentence for the robbery conviction and must be served consecutively.

Additional Consequences of Armed Robbery Convictions

Beyond prison time, an armed robbery conviction carries significant long-term consequences:

• Strike under California’s Three Strikes Law: Robbery is a violent felony and counts as a strike. A second strike doubles the sentence for any subsequent felony, and a third strike can result in 25 years to life.
• Lifetime firearm prohibition: As a felony conviction, robbery permanently revokes your right to own or possess firearms.
• Employment challenges: Violent felony convictions create substantial barriers to future employment.
• Immigration consequences: For non-citizens, robbery convictions can lead to deportation or inadmissibility.
• Restitution: You may be ordered to pay financial compensation to victims.
• Probation limitations: If granted probation (which is rare in armed robbery cases), it will come with strict conditions.

Common Defense Strategies for Armed Robbery Charges

Several defense strategies may be effective when facing armed robbery charges:

Mistaken Identity

Armed robberies often happen quickly and in stressful circumstances, making eyewitness identification unreliable. Your attorney might challenge witness identifications, especially if the perpetrator was wearing a mask or the lighting was poor.

Lack of Intent

Your attorney may argue that you didn’t intend to take property from the person or that you believed you had a right to the property (though this defense has significant limitations).

No Force or Fear Used

If property was taken without using force or fear, the crime might constitute theft rather than robbery. Your attorney could argue that the prosecution cannot prove this essential element of robbery.

No Weapon Was Actually Used

In some cases, a defendant might be accused of armed robbery when no weapon was actually present or used. Challenging evidence regarding the presence or use of a weapon could potentially reduce the charges.

Fourth Amendment Violations

If evidence was obtained through illegal searches or seizures, your attorney might file a motion to suppress that evidence, potentially weakening the prosecution’s case.

Coercion or Duress

If you were forced to participate in the robbery under threat of harm, this might provide a defense, though this is less common than other defenses.

Robbery vs. Related Offenses

Understanding how armed robbery differs from related offenses can be important for your defense:

Robbery vs. Theft

Unlike robbery, theft doesn’t involve force or fear—it’s simply taking property without permission. The absence of force or fear results in significantly lighter penalties for theft.

Robbery vs. Burglary

Burglary involves entering a structure with the intent to commit theft or a felony inside. Unlike robbery, burglary doesn’t require the presence of a victim or the use of force or fear.

Robbery vs. Carjacking

Carjacking (PC § 215) is specifically the taking of a motor vehicle from another person’s immediate presence by force or fear. While similar to robbery, carjacking is a separate offense with its own penalties (3, 5, or 9 years in state prison).

Why You Need an Experienced Defense Attorney

3 Situations Where You Might Need a Criminal Defense Attorney

Armed robbery charges demand skilled legal representation because:

1. The penalties are among the most severe in California’s criminal justice system
2. Weapons enhancements can add decades to a sentence
3. The strike nature of the offense means future criminal charges would carry enhanced penalties
4. Effective defense often requires challenging forensic evidence and eyewitness testimony
5. Negotiating charge reductions requires experience with similar cases
6. Constitutional protections must be vigilantly safeguarded throughout the proceedings

How David P. Shapiro Criminal Defense Attorneys Can Help

Our experienced San Diego defense team brings specific advantages to your armed robbery case:

• Comprehensive case analysis: We meticulously review police reports, witness statements, surveillance footage, and other evidence
• Independent investigation: We conduct our own investigation to uncover facts that support your defense
• Strategic defense planning: We develop customized defense strategies based on the unique circumstances of your case
• Negotiation expertise: When appropriate, we engage with prosecutors to explore charge reductions or other favorable resolutions
• Trial representation: We provide aggressive advocacy if your case goes to trial
• Sentencing advocacy: If conviction cannot be avoided, we fight for the most favorable sentencing outcome possible

We understand the gravity of armed robbery charges and work diligently to protect your rights and future.

Contact a San Diego Armed Robbery Defense Attorney Today

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.