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

If you’ve been charged with robbery under California Penal Code § 211, you’re facing one of the most serious theft crimes in the state’s penal code. Unlike other theft offenses, robbery is always a felony and carries substantial prison time along with a strike under California’s Three Strikes Law.

At The Nieves Law Firm, we know that understanding the specifics of your charges is the first step in building an effective defense. This guide will help you comprehend what robbery means under California law, the potential penalties you face, and how we can help protect your rights and future.

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.”

Breaking this down into plain language, robbery occurs when:

1. You take property that doesn’t belong to you
2. The property is taken directly from the person or from their immediate presence
3. You take the property against the person’s will
4. You use force or fear to take the property
5. You intend to permanently deprive the person of the property

The key elements that separate robbery from other theft crimes are the “force or fear” component and taking property directly from a person or their immediate presence.

What “Force or Fear” Means in Robbery Cases

Under PC § 212, “fear” in a robbery context can mean either:

1. Fear of injury to the person being robbed, their property, or their family members
2. Fear of immediate injury to anyone in the company of the person being robbed

The level of force doesn’t have to be substantial. Even minimal force, like bumping into someone while snatching their purse, can elevate a theft to robbery if the force was intentionally used to take the property.

Similarly, the fear element doesn’t require explicit threats. Implied threats or intimidating behavior that causes the victim to fear harm is sufficient.

Types of Robbery in California

California law distinguishes between first-degree and second-degree robbery:

First-Degree Robbery (PC § 212.5(a) and (b))

First-degree robbery includes robberies that occur in:

• An inhabited dwelling house
• An inhabited vessel, floating home, or trailer coach
• The inhabited portion of any building
• Robberies of drivers or passengers of buses, taxis, or similar transportation vehicles
• Robberies of people using ATMs or who have just used an ATM and are still in the vicinity

Second-Degree Robbery (PC § 212.5(c))

All other robberies that don’t fall into the first-degree category are considered second-degree robbery. This typically includes robberies that occur in:

• Commercial establishments like stores or restaurants
• Public places like parks or streets
• Parking lots or garages
• Uninhabited buildings

Penalties for Robbery in California

As a felony offense, robbery carries significant prison time and other serious consequences:

First-Degree Robbery Penalties

• Standard cases: 3, 4, or 6 years in state prison
• Home invasion robberies with two or more accomplices: 3, 6, or 9 years in state prison
• Fines up to $10,000
• Formal probation (in rare cases)
• Restitution to victims

Second-Degree Robbery Penalties

• 2, 3, or 5 years in state prison
• Fines up to $10,000
• Formal probation (in rare cases)
• Restitution to victims

Sentencing Enhancements

Several factors can significantly increase robbery sentences:

• Using a Firearm: Using a gun during a robbery can add 10, 20, or 25 years to life to your sentence under PC § 12022.53
• Great Bodily Injury: Causing serious injury during a robbery adds 3-6 years under PC § 12022.7
• Gang Enhancement: Committing robbery to benefit a gang can add 5-10 years under PC § 186.22
• Prior Strike Convictions: Having prior strike convictions can double your sentence or even result in a 25-years-to-life sentence

Robbery as a Strike Offense

Robbery is particularly serious because it counts as a “strike” under California’s Three Strikes Law. This means:

• A second strike offense results in double the normal sentence
• A third strike can result in 25 years to life in prison
• You must serve at least 85% of your sentence before being eligible for parole

Differences Between Robbery and Related Crimes

Understanding how robbery differs from similar crimes can help clarify the charges you’re facing:

Robbery vs. Theft

• Theft (PC § 484): Taking someone’s property without their permission, but without using force or fear
• Robbery (PC § 211): Taking property directly from someone using force or fear

Robbery vs. Burglary

• Burglary (PC § 459): Entering a structure with intent to commit a felony inside
• Robbery (PC § 211): Taking property directly from a person by force or fear

Robbery vs. Carjacking

• Carjacking (PC § 215): Taking a motor vehicle from someone’s immediate presence by force or fear
• Robbery (PC § 211): Taking any personal property from someone by force or fear

Carjacking is actually a specialized form of robbery specifically involving motor vehicles. You can be charged with both, but typically can only be punished for one.

Legal Defenses to Robbery Charges

Several defenses may be available depending on the specific circumstances of your case:

Claim of Right

If you genuinely believed the property was yours, you might have a defense. You can’t be guilty of robbery if you had a good faith belief that you had a right to the property, even if that belief was mistaken.

Lack of Force or Fear

If the prosecution can’t prove you used force or fear to take the property, the charge should be reduced to a lesser theft offense.

Mistaken Identity

Robbery often occurs quickly and under stressful circumstances, leading to mistaken identifications. Your attorney can challenge witness identifications and explore alibi defenses.

Insufficient Evidence

The prosecution must prove every element of robbery beyond a reasonable doubt. If there’s insufficient evidence of any element, you shouldn’t be convicted.

Coercion or Duress

If someone forced you to commit the robbery under threat of harm, you might have a duress defense.

False Accusations

Unfortunately, people are sometimes falsely accused of robbery. Your attorney can investigate the accuser’s motives and look for inconsistencies in their story.

The Robbery Court Process in California

If you’re charged with robbery, you’ll typically go through these stages:

1. Arrest and Booking: You’re taken into custody, photographed, fingerprinted, and processed.
2. Arraignment: Your first court appearance where charges are formally presented, and you enter an initial plea (guilty, not guilty, or no contest).
3. Bail Hearing: The judge determines whether to set bail and in what amount. For robbery, bail is typically high due to the serious nature of the offense.
4. Preliminary Hearing: The prosecution must demonstrate sufficient evidence to justify moving forward with the case.
5. Pretrial Proceedings: This phase includes discovery (exchange of evidence), filing of motions, and negotiation of possible plea deals.
6. Trial: If your case goes to trial, both sides present evidence and arguments before a judge or jury.
7. Sentencing: If convicted, the judge determines your punishment within the statutory guidelines.

Collateral Consequences of a Robbery Conviction

Beyond prison time and fines, a robbery conviction can impact your life in many ways:

• Employment: Many employers won’t hire someone with a robbery conviction
• Housing: Landlords often reject applicants with violent felony convictions
• Gun Rights: Permanent prohibition on owning or possessing firearms
• Immigration: Potential deportation for non-citizens
• Professional Licenses: Disqualification from many licensed professions
• Voting Rights: Temporary loss of voting rights while incarcerated or on parole

How The Nieves Law Firm Can Help

If you’re facing robbery charges, having experienced legal representation is crucial. At The Nieves Law Firm, our approach includes:

• Thorough investigation of the alleged robbery
• Interviewing witnesses and reviewing surveillance footage
• Analyzing police reports for procedural errors or constitutional violations
• Consulting with forensic experts when necessary
• Negotiating with prosecutors for reduced charges when appropriate
• Preparing a strong defense strategy tailored to your specific case
• Aggressive courtroom advocacy if your case goes to trial

We understand that people sometimes find themselves charged with robbery due to misunderstandings, false accusations, or momentary lapses in judgment. Our goal is to ensure your side of the story is heard and your rights are protected throughout the legal process.

Why Experienced Legal Representation Matters

The stakes in robbery cases are extremely high. Without skilled legal representation, you risk maximum penalties and lifelong consequences. An experienced attorney can:

• Identify weaknesses in the prosecution’s case
• Recognize when your rights have been violated
• Negotiate effectively for charge reductions or dismissals
• Present compelling evidence and arguments in your defense
• Work to minimize the impact on your life and future

Don’t face robbery charges alone. Contact The Nieves Law Firm today for a confidential consultation about your case and learn how we can help protect your rights and future.