Vista and San Diego Robbery Defense Lawyer

What Is Robbery Under California Law?

In California, robbery is defined under Penal Code section 211 (PC) as “the taking of personal property in another person’s possession, or immediate presence, against that person’s will, accomplished by force or fear.” In other words, “robbery involves attempting to illegally take another person’s property by physical force or fear of force,” explains attorney Peter Liss.

This charge does not require the defendant to successfully escape with the property as long as they used force or fear to obtain it.

To be considered theft, the prosecution must establish that the defendant intended to permanently deprive the owner of their property, or take it for a period long enough to deprive the owner of a portion of its value or enjoyment.

What Are the Elements of Robbery?

For prosecutors to show that someone is guilty of robbery under 211 (PC), the prosecution must be able to show:

• The defendant intentionally took personal property from someone else’s possession or immediate presence
• The property was taken against the other person’s will
• The defendant used force or fear to take the property
• The defendant intended to permanently deprive the owner of their property or long enough to deprive the owner of a portion of its value or enjoyment.

If the prosecution cannot prove every required element beyond a reasonable doubt, they should not be able to secure a robbery conviction.

First-Degree vs. Second-Degree Robbery in California

Under Penal Code 212.5 (PC), robbery may be charged as first- or second-degree robbery, depending on the circumstances.²

First-Degree Robbery

When a robbery involves certain specific circumstances that make the offense more serious, it can be charged as first-degree robbery. These circumstances include:

• The robbery of the driver of a bus, taxi, trolley, or other vehicle-for-hire
• The robbery of a passenger in a vehicle-for-hire
• Any robbery in an inhabited home, including inhabited vessels and trailers used as houses
• The robbery of someone at an ATM or who just used an ATM

Second-Degree Robbery

Any robbery that does not meet the requirements for a first-degree offense is charged in the second-degree.

Robbery Penalties in California

Robbery is always a felony in California; however, sentencing for 211 (PC) depends on many factors, including the specifics of the crime, the threat level, the victim’s injuries, the defendant’s criminal record, and more.

First-Degree Robbery

In general, first-degree robbery is punishable by up to six years in prison. However, if the defendant acted in concert with two or more persons to rob an inhabited home, vessel, or trailer, the maximum sentence increases to nine years in prison.

Second-Degree Robbery

The maximum penalty for second-degree robbery is up to five years in prison.

Robbery and California’s Three Strikes Law

Robbery is classified as a serious and violent felony in California, and can qualify as a strike under California’s three strikes law. Under this law, your sentence will be automatically doubled if you have a prior strike on your record. With two prior strikes, you could face life imprisonment.

“In some cases, I have been able to get the judge to overlook a previous strike, enabling my client to avoid enhanced sentencing for a previous felony,” says Liss.

Visit our dedicated practice page to learn more about the Three Strikes Law.

Firearm and Other Robbery Enhancements

While many people are familiar with the term “armed robbery” to describe a robbery using a weapon, that isn’t actually a specific criminal charge in California. Instead, multiple sentencing enhancements may apply to a conviction for 211 (PC), including those for using a weapon.

Firearm Enhancements

Under California’s 10-20-Life law (12022.53 (PC)), using a firearm in the commission of certain crimes, including robbery, can result in additional sentencing.³ Generally, the enhancement can add 10 years to a sentence even if the weapon is not fired, 20 if it was fired but no one was seriously injured, and life imprisonment if someone died or suffered great bodily injury.

Visit our dedicated practice page for information on the 10-20-Life Law.

Dangerous or Deadly Weapons

While the sentencing may not be as severe, using any deadly weapon during a felony can result in an additional one year in prison under Penal Code 12022(b) (PC).⁴

Great Bodily Injury

Even if you did not use a weapon, you could face sentencing enhancements under Penal Code 12022.7 (PC) if a victim suffered great bodily injury.⁵ For each victim who suffered great bodily injury, you can face up to 6 years in prison, depending on the circumstances.

Multiple Robbery Counts for Multiple Victims

You can face one count per victim subjected to force or fear, even if you take property from only one. So, for example, if someone robs a group of five people on the street, they could face up to 25 years in prison. If they robbed five people in a home, they could face up to 30 years in prison for first-degree robbery. However, it is up to the judge whether the additional time will be served consecutively (one after another) or concurrently (all at once).

Does the Value of Property Matter in a Robbery Case?

No. Unlike many other theft crimes, such as grand theft or petty theft, robbery charges do not depend on the value of the stolen property, nor on how many items were stolen. “You can be charged with first-degree robbery even for something worth a dollar, as long as the theft involved the use of force or fear,” explains Liss.

“Pushing a store security aside while trying to get away with a petty theft or shoplifting offense is a robbery,” explains Liss. “This scenario is known as an Estes robbery, and it elevates a shoplifting case to felony robbery just based on the use of force or fear to escape from store personnel.”

Defenses to Robbery Charges

While being charged with something as serious as robbery can be intimidating, you can challenge these charges by contacting an experienced robbery lawyer. Each case will have its own unique defense, but robbery cases often rely on a combination of the following strategies:

Insufficient Evidence

To secure a conviction, the prosecution must use evidence to prove, beyond a reasonable doubt, all four elements of a 211 (PC) charge listed above. Without sufficient evidence, they cannot show someone committed robbery.

No Force or Fear

If the prosecution cannot prove that property was taken through the required force or fear, they may need to seek a different theft offense than robbery. The amount and timing of force matters, and robbery can be charged if force is used while property is being taken or carried away.

No Intent to Steal

Robbery requires the defendant to have intended to take something from the victim. For example, if someone broke into another person’s home and threatened them but did not intend to take anything, they may be guilty of burglary and assault, but not robbery.

In California, for a crime to be theft, the suspect must intend to permanently deprive the victim of their property or, at a minimum, deprive them of some of its value or enjoyment. For example, forcefully taking a cellphone from someone’s hands to make a call and then returning it could be battery; however, it likely would not be robbery because the defendant did not intend to deprive the owner of even a portion of the device’s value.

The Property Was Not Taken From the Victim’s Possession or Immediate Presence

For a theft to be a robbery, the property must be taken directly from the victim or in their immediate presence.

Claim of Right

In some cases, if you genuinely believed you had a right to the property, this could be a defense to robbery charges. This defense has many limitations, and it does not justify other crimes such as battery or burglary. Additionally, robbery cannot be justified to collect a debt.

Mistaken Identity

Being identified by a witness is not enough to secure a conviction. If you have an alibi or other evidence that you were not responsible for the crime, this can be a strong defense to the charges.

No Firearm or Weapon

If you are facing enhanced charges for using a firearm or other weapon during a robbery, showing there is insufficient evidence that you were armed could help you avoid a sentencing enhancement.

Constitutional Violations

In some cases, if the police violated your rights during the investigation, your criminal defense lawyer may be able to have the resulting evidence suppressed or even have the charges dropped altogether.

Plea Negotiations

In California, very few cases go to trial. Most are resolved in plea negotiations. Building a strong defense can help your attorney fight for a deal that will reduce your charges or minimize your sentencing.

Robbery vs. Burglary

Many people confuse robbery and burglary, but they are two distinct crimes under the law. California robbery laws cover thefts that involve the threat or use of force, while burglary doesn’t necessarily involve theft, but must involve trespassing on someone else’s property with the intent to steal or commit any felony. Depending on the circumstances, some incidents can be charged under both laws.

Visit our dedicated practice page to learn more about burglary.

Bank Robbery is a Federal Charge

While people commonly associate the charge of robbery with bank robberies, it’s worth noting that bank robberies are typically handled at a federal level due to laws governing the robbery of a federally insured financial institution, making these crimes a federal matter that is investigated by the FBI. For this reason, these charges carry different penalties and sentence enhancements than California state robbery charges filed under 211 (PC).

If you have been accused of bank robbery, you need an attorney experienced in federal criminal defense. Mr. Liss does not represent clients accused of federal crimes.

Related Criminal Charges

Those faced with robbery are often charged with other offenses as well, including:

• Carjacking
• Grand theft
• Petty theft
• Grand theft auto
• Assault
• Battery
• Kidnapping
• False imprisonment
• Extortion
• Burglary

These offenses can result in substantial sentences on top of your robbery charges, which is why it pays to hire a robbery attorney with experience handling all types of criminal offenses.

Talk to a Vista Robbery Defense Lawyer

When you hire Peter Liss as your attorney, he can help by:

• Working to get you released from jail
• Reviewing police reports
• Looking at the evidence
• Investigating the case
• Interviewing witnesses
• Confirming your alibi
• Filing motions on your behalf
• Negotiating plea bargains to reduce your potential charges or sentence
• Fighting the charges in court
• Seeking minimal sentencing

If you have been accused of robbery, speak with a top criminal defense representative as soon as possible. Peter M. Liss is a top robbery attorney in Vista with over 40 years of experience fighting all types of theft crimes and violent felony offenses. Please call (760) 643-4050 or (858) 486-3024 to schedule a free consultation.