Gomez, Radford, & Rome, Los Angeles Criminal Defense Attorneys

What is Robbery in California?

Robbery is the crime that is committed when someone takes property that does not belong to them from another person or from their immediate presence against that person’s will. This can be accomplished using either force or fear. Furthermore, the intention to take someone’s property by force or fear must be formed before actually taking action. In order to be convicted of robbery, all of these elements must be proven beyond a reasonable doubt by the prosecution.

Elements of Robbery in California

Someone might be charged with robbery if they are suspected of taking property that belongs to another person against their will, using force or fear. The use of force or fear must have been employed in order to take the property or to prevent the person from resisting. The force or fear used does not need to be very serious for it to count. Someone who is shoplifting and pushes or threatens a loss prevention staff member in order to leave could be charged with Robbery.

What are the penalties for Robbery in California?

Robbery can be charged in either the first or the second degree. The degrees of robbery can be found in California Penal Code Section 212.5. You can be charged under either California Penal Code Sections 211 or 212.5, PC212.5(a) or (b) for first degree robbery, or PC 212.5(c) for second degree robbery.
Different counties will charge differently, but the elements that prosecutors need to prove remain approximately the same either way. The amount or value of the items taken does not matter for robbery, you could be charged with it for robbing someone of their McDonald’s Happy Meal or their Rolex watch and receive the same or similar penalties.

First degree robbery in California is defined in California Penal Code § 212.5(a) and (b). To be convicted of first-degree robbery according to Penal Code Section 212.5(a), the prosecution needs to prove that the robbery was committed in an inhabited dwelling (a.k.a. someone’s home), vessel, floating home, trailer coach, or part of a building, or while the person robbed was performing their duties as a driver of, or was a passenger on, a bus, taxi, cable car, streetcar, trackless trolley, or other kind of vehicle used to transport people. Penal Code Section 212.5(b) applies to robberies that occur when someone is using or has just finished using an ATM.

First degree robbery is punishable by fines and imprisonment up to 3, 4, or 6 years in state prison. It is a also categorized as serious and violent strike offense.

Second degree Robbery is the most commonly charged, because any robbery that does not fall under the above categories would be robbery in the second degree. It is still a very serious, violent, strike felony. Robbery in the second degree is punishable by up to 2, 3, or 5 years in the state prison system.

How is ‘force’ or ‘fear’ defined when talking about Robbery?

When it comes to the crime of Robbery, the law defines force and fear in many places. Generally speaking, the force used must be more than incidental touching or a minimal amount of force. For example, snatching a purse from someone’s hand without any physical resistance or struggle may not be enough to constitute robbery. If they tried to hold on to the purse and you had to pull extra hard to get it from them, that probably would count as Robbery. However, there is no fixed amount or degree of force required for robbery, and it can vary depending on the circumstances. Fear in the context of robbery can include fear of injury to oneself or one’s property. For instance, a threat that the robber would smash your car with a bat if you don’t hand over your money would constitute Robbery. It can also include fear of injury to one’s family. Fear can also be inferred from the circumstances, even if the victim does not explicitly say that they are afraid, like if they give the Robber money after the threat, the fear can be implied.

The force or fear must be used to take the property or to prevent the victim from resisting. For example, threatening to harm someone’s family if they do not hand over their wallet would constitute the use of fear to take the victim’s property. Or pushing a store clerk trying to take back their merchandise. The force or fear must be used before or during the taking of the property. If the force or fear is used after the property has already been taken, it may not be considered robbery because the person would lack the requisite intent. See below for more information.

What are some possible defenses to Robbery?

1. Claim of right: If the person charged honestly believed that they had a right to the property they took, even if that belief was mistaken or unreasonable, they may have a defense to robbery. However, this defense only applies if the defendant is reclaiming a specific piece of property, but not if the robbery was committed in order to settle a debt, for example.
2. Mistaken identity: If the defendant is wrongly identified as the person who committed the robbery, that would be a good defense to the crime. Identity is always one of the things a prosecutor needs to prove to convict someone.
3. Lack of intent: If the defendant did not intend to permanently deprive the owner of the property, or they did not form the intent to take the property until after they used force or fear, then they may be able to use lack of intent as a defense. For example, if someone dropped their phone during a bar fight, and after the fight you took their phone, that would simply be theft (and possible assault charges!). The Claim of Right defense explained above also someone goes to the required intent. If the Defendant has a genuine belief that the property they’re accused of taking was theirs, that might not be robbery.
4. Duress: If the defendant was forced or threatened to commit the robbery by someone else, then they may be able to use duress as a defense.

Of course, the availability and success of these defenses will depend on the specific facts and circumstances of each case. Retaining a top tier criminal defense attorney is crucial in evaluating the strength of any potential defenses for your case. It is important to remember that Robbery is a serious strike offense under California law, and depending on the circumstances of the crime and the defendant’s criminal history, the penalties for a conviction can be severe. If you are charged with Robbery in California, it is extremely important that you quickly retain a law firm with experience handling violent, serious, and strike offenses in California.

Are there any other charges related to Robbery under California Law?

• Extortion by Threat or Force (Pen. Code, §§ 518, 519)
• Kidnapping: For Robbery, Rape, or Other Sex Offenses (Pen. Code, § 209(b))
• Carjacking (Pen. Code, § 215)
• Burglary (Pen. Code, § 459)
• Shoplifting (Pen. Code, § 459.5)
• Theft by Larceny (Pen. Code, § 484)
• Grand and Petty Theft (Pen. Code, §§ 486, 487–488, 490.2, 491)
• Theft: As Part of Overall Plan
• Theft: By Employee or Agent (Pen. Code, § 487(b)(3))
• Theft by False Pretense (Pen. Code, § 484)
• Theft by Trick (Pen. Code, § 484)
• Theft by Embezzlement (Pen. Code, §§ 484, 503)
• Theft From Elder or Dependent Adult (Pen. Code, § 368(d), (e))
• Extortion by Threat or Force (Pen. Code, §§ 518, 519)