Robbery
Robbery is 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.
The distinction between first degree and second degree robbery is quite lengthy and detailed. A complete explanation of robbery can be found in California Penal Code 212.5.
In general, first degree robbery includes any robbery committed against an operator of public transportation or any passenger of public transportation. First degree robbery also includes any robbery that is committed in an inhabited dwelling house, a vessel, a trailer, or the inhabited portion of any other building. Every robbery of any person while using an automated teller machine or immediately after the person has used an automated teller machine and is in the vicinity of the automated teller machine is also robbery of the first degree.
All other kinds of robbery are considered robbery in the second degree.
Both first degree robbery and second degree robbery are considered “strikes” under California Three Strikes Law and any robbery is considered a violent felony in California. However, a for second degree robbery will not necessarily prohibit you from being granted probation even though it is considered a strike offense.
The punishment for robbery can vary depending if the robbery is considered first degree or second degree robbery.
- The punishment for robbery is found in California Penal Code Section 213.
- Robbery of the first degree is punishable as follows:
- (A) If the defendant, voluntarily acting in concert with two or more other persons, commits the robbery within an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code, which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code, which is inhabited, or the inhabited portion of any other building, by imprisonment in the state prison for three, six, or nine years.
(B) In all cases other than that specified in subparagraph (A), by imprisonment in the state prison for three, four, or six years.
(C) Robbery of the second degree is punishable by imprisonment in the state prison for two, three, or five years.
- (A) If the defendant, voluntarily acting in concert with two or more other persons, commits the robbery within an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code, which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code, which is inhabited, or the inhabited portion of any other building, by imprisonment in the state prison for three, six, or nine years.
- Robbery of the first degree is punishable as follows:
Although robbery usually requires the taking from or in the presence of the person by force or fear, you can be charged with robbery even if the property is not taken within the presence of the owner. A theft can occur where an individual takes property, but then uses force against the owner to keep the property. This is referred to as an Estes robbery. This type of robbery usually occurs when someone shoplifts from a store.
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Northern California | Robbery | Criminal Defense Attorney Jacob Zamora, Esq.