Penal Code 211 California Robbery Law | Amin Law

Penal Code 211 PC – California Robbery Laws

Difference between 1st & 2nd Degree Robberies

First-degree robbery includes robbery of
· any driver or passenger on a bus, taxi, streetcar, subway, cable car, etc.,
· any person in an inhabited structure, or
· any person who has just used an ATM and is still in the vicinity of the ATM

Second degree robbery is any other kind of robbery that is not listed as first degree

The elements of robbery under PC 211 are as follows:
1. You took property that was not your own;
2. The property was in the possession of another person;
3. You took the property from the other person or his/her immediate presence;
4. You took the property against that person’s will;
5. You used fear or force to take the property or prevent the other person from resisting; and
6. When you used fear or force to take the property, you intended to deprive the owner of it either permanently or for a long enough time to deprive him/her of a major portion of its value.

4 defenses common defense to fight a robbery charge:
· You didn’t use force or fear to take the property;
· You honestly believed that you had a right to the property;
· You are a victim of mistaken identity; and
· You were falsely accused.

Penalties

First-degree robbery in California is punished as a felony. The potential sentence and other consequences include:
· Three (3), four (4) or six (6) years in California state prison; and/or
· A fine of up to ten thousand dollars ($10,000); and Felony (formal) probation;

BUT, if you commit first-degree robbery in an inhabited structure, in concert with two (2) or more other people, then the potential state prison sentence for PC 211 robbery increases to three (3), six (6) or nine (9) years

Robbery in the second degree is punished by the following felony penalties:
· Two (2), three (3) or five (5) years in state prison; and/or
· A fine of up to ten thousand dollars ($10,000); and Felony probation

In addition to the above robbery penalties, there are a variety of sentence enhancements that may add to the consequences of a Penal Code 211 robbery conviction. These include:

Great bodily injury enhancement

If, while committing a robbery, you cause another person to suffer a “great bodily injury” (defined as a substantial physical injury), then you could be subject to an enhancement

This sentencing enhancement can add an additional three (3) to six (6) years to your California robbery sentence.

“10-20-life use a gun and you’re done” enhancement

provides for significantly longer sentences for defendants who use a gun in the commission of a robbery

Specifically, you will receive an extra
· Ten (10) years for personally using a firearm in a robbery;
· Twenty (20) years for personally and intentionally firing a gun during a robbery; and
· Twenty-five (25) years to life if you cause a person great bodily injury or death with a firearm during a robbery.

California’s three strikes law

Penal Code 211 robbery is considered a violent felony. So it is a so-called “strike offense” under California’s “three strikes” law.

This means that, if you have robbery conviction on your record and you are subsequently charged with any California felony, you will face twice the normal sentence for that felony.

And if you accumulate three “strike” convictions—one or more of which may be a PC 211 robbery conviction—then you will receive a sentence of 25 years to life in state prison.

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