Robbery Law in California

Robbery is the “taking of property from another person’s possession or immediate presence against their will by means of force or fear.”  This force may involve a deadly weapon such as a gun or other weapon (armed robbery), or it may just involve simple physical force (strong arm robbery).

Under California Penal Code section §211, Robbery is a serious and violent felony punishable by state prison.  Use of a gun (gun enhancement) or other weapon or infliction of great bodily injury (GNI) during the commission of a Robbery carries a stricter sentence than does simple robbery. Robbery is different from burglary or theft in that robbery involves person to person confrontation, the threat of or use of force along with the intent to coerce and prevent resistance.

1st Degree v. 2nd Degree

In California, robbery is divided into first degree robbery and second degree robbery.

a.)  First Degree Robbery (Penal Code Section §212.5(a)) occurs in an inhabited dwelling, vessel or trailer.  First degree robbery also includes robbery of the operator of a bus, taxicab, cable car, or street car.  Robbery of a passenger of any vehicle used for transportation for hire and Robbery of any person using an Automated Teller Machine (ATM Robbery) are also considered first degree robbery.

b.)  Second Degree Robbery is all other types of robbery (Penal Code Section §212.5(b)).

If you have been arrested or charged with robbery, you should contact Damian Siwek, an experienced Los Angeles criminal defense attorney, at DCS Defense as soon as possible.  A Robbery conviction can have devastating effects on your life and you need a strong criminal defense on your side.

Robbery Penalties

A Robbery conviction carries serious penalties, with first degree robbery carrying a state prison sentence from 3 to 9 years.

Second degree robbery is punishable in the state prison from 2 to 5 years.

Robbery is a “Strike” in California and falls under the umbrella of the Three Strikes Law.  A convicted felon with a “Strike” prior would be facing a doubled prison sentence for any future felony convictions.  Use of a gun during a Robbery adds 10 years to the Robbery sentence. Discharge of a gun during a robbery adds an additional 20 years to the robbery sentence, 25 years to life for killing or seriously injuring someone with a gun.  A Robbery conviction can lead to deportation for those who are legal or illegal immigrants.

For aggressive and effective representation against robbery charges, including a free confidential consultation, contact Los Angeles criminal defense attorney Damian Siwek at DCS Defense.