Arrested for or Charged with Robbery (Penal Code § 211) in California?

Facing robbery charges in California is a serious matter. Unlike theft or burglary, robbery is classified as both a property crime and a violent crime, carrying severe penalties that can dramatically impact your future. If you’ve been charged with robbery under California Penal Code § 211, understanding the specific elements of the offense, potential penalties, and defense options is crucial.

At David P. Shapiro Criminal Defense Attorneys, we’ve helped numerous clients in San Diego and Chula Vista navigate robbery charges. This guide explains what you need to know if you’re facing robbery charges in California.

What is Robbery Under California Law?

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 includes several key elements that the prosecution must prove beyond a reasonable doubt:

1. Taking of personal property – You took property that didn’t belong to you
2. From another person’s possession – The property was in the possession of another person
3. From their person or immediate presence – You took it directly from them or from their immediate vicinity
4. Against their will – The person didn’t consent to the taking
5. Using force or fear – You used physical force or intimidation to take the property

It’s important to understand that all of these elements must be present for an act to qualify as robbery. For example, if you take property without using force or fear, you might be guilty of theft rather than robbery.

First-Degree vs. Second-Degree Robbery

California law divides robbery into two degrees with different penalties:

First-Degree Robbery (PC § 213(a)(1))

First-degree robbery includes:

• Robberies committed in an inhabited dwelling (house, apartment, etc.)
• Robberies committed against a person using an ATM or immediately after using an ATM
• Robberies committed against drivers or passengers of public transportation vehicles, taxis, or other passenger vehicles for hire

First-degree robbery is further divided into two categories with different sentencing ranges:

1. PC § 213(a)(1)(A): Robbery within an inhabited dwelling, when committed voluntarily in concert with two or more other persons (3, 6, or 9 years in state prison)
2. PC § 213(a)(1)(B): All other first-degree robberies (3, 4, or 6 years in state prison)

Second-Degree Robbery (PC § 213(a)(2))

All robberies that don’t qualify as first-degree are classified as second-degree robbery. This typically includes robberies in commercial establishments, on the street, or in other public places. Second-degree robbery is punishable by 2, 3, or 5 years in state prison.

Enhancements That Can Increase Robbery Penalties

Several factors can significantly increase the penalties for robbery convictions:

Weapon Enhancements

Using a weapon during a robbery triggers additional penalties:

• Using 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

Great Bodily Injury Enhancement

If you cause serious physical injury during a robbery, you face an additional 3 to 6 years in prison.

Gang Enhancement

If the robbery was committed for the benefit of a criminal street gang, penalties can be increased by 5 to 15 years.

Prior Strike Convictions

Under California’s Three Strikes Law, prior serious or violent felony convictions can double your sentence or even result in 25 years to life if you have two prior strikes.

How Robbery Differs From Related Offenses

Understanding how robbery differs from similar crimes can be crucial to your defense:

Robbery vs. Theft

While robbery involves taking property through force or fear, theft only requires taking property without permission. The absence of force or fear is the key distinction, and it 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. First-degree burglary (of a residence) is a serious felony, but it typically carries lighter penalties than robbery.

Robbery vs. Carjacking

Carjacking 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 under California Penal Code § 215 and carries its own severe penalties.

Common Defense Strategies for Robbery Charges

Several defense strategies may be effective when facing robbery charges:

Mistaken Identity

Robberies often happen quickly and under stressful circumstances, making eyewitness identification unreliable. If you were misidentified as the perpetrator, this could provide a strong defense.

Lack of Force or Fear

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

Claim of Right

If you had a good faith belief that you had a right to the property, this might negate the criminal intent required for robbery. However, this defense has significant limitations and doesn’t apply if you used force to reclaim property.

Insufficient Evidence

The prosecution must prove all elements of robbery beyond a reasonable doubt. Your attorney may identify weaknesses in the evidence regarding any of the required elements.

Coercion or Duress

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

Challenging the Alleged “Immediate Presence”

If the property wasn’t taken from the victim’s person or immediate presence, your attorney might argue that the crime doesn’t constitute robbery.

Collateral Consequences of a Robbery Conviction

Beyond prison time, a robbery conviction can have far-reaching consequences:

Strike Under Three Strikes Law

All robbery convictions count as strikes under California’s Three Strikes Law, meaning future felony convictions will carry enhanced penalties.

Loss of Gun Rights

As a felony conviction, robbery results in the lifetime loss of your right to own or possess firearms.

Employment Difficulties

Employers are often reluctant to hire individuals with violent felony convictions, particularly for positions involving financial responsibility or customer contact.

Housing Challenges

Landlords frequently conduct background checks and may deny housing to those with robbery convictions.

Immigration Consequences

For non-citizens, a robbery conviction can lead to deportation, removal proceedings, or inadmissibility, as it’s considered both a crime of violence and a crime involving moral turpitude.

Professional Licensing Issues

Many professions require licensing that can be denied or revoked based on felony convictions, especially those involving violence or dishonesty.

Why You Need an Experienced Defense Attorney

Robbery charges demand skilled legal representation because:

1. The penalties are severe and long-lasting
2. The strike nature of the offense means future criminal charges would carry enhanced penalties
3. Numerous technical defenses may be available that require expertise to identify and leverage
4. Negotiating charge reductions requires experience with similar cases and knowledge of local court practices
5. Alternative sentencing options may exist but require knowledgeable representation to secure

How David P. Shapiro Criminal Defense Attorneys Can Help

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

• Strategic case evaluation to identify the most promising defense approaches
• Thorough investigation to uncover weaknesses in the prosecution’s case
• Expert witness consultation when needed to challenge eyewitness testimony or other evidence
• Skilled negotiation with prosecutors for potential charge reductions
• Aggressive trial advocacy if your case goes to court
• Knowledge of local judges and prosecutors in San Diego and Chula Vista

We begin with a comprehensive case review to understand all aspects of the allegations against you and develop a tailored defense strategy. Our approach focuses on achieving the best possible outcome while providing clear communication throughout the process.

Contact a San Diego Robbery Defense Attorney Today

If you’re facing robbery charges under California Penal Code § 211, don’t wait to seek legal representation. These serious charges require immediate attention from an experienced criminal defense attorney who understands how to navigate California’s complex robbery laws.

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.