Robbery

Robbery under California Penal Code section 211 (PC211) is a felony offense that carries serious consequences. Those charged with Robbery under PC211 may face several years in prison as well as the difficulty of obtaining a job or enrolling in assistance programs after a felony conviction. If you have been charged with robbery under PC211, attorneys at McDowell Defense can help.

When criminal charges have put your future in jeopardy, it is imperative to obtain skilled legal counsel. The skilled attorneys at McDowell Defense have years of experience aggressively representing clients facing serious felony charges. If you have been charged with a criminal offense, call McDowell Defense for a free consultation at (213) 401-2322 today.

PC211 Robbery Defined
California Penal Code section 211 defines Robbery as:

“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.”

In order to convict you of Robbery, the prosecution must prove:

You took property that didn’t belong to you,
From another person’s possession or immediate presence,
Against that person’s will
Using force or threats, and
You took the property intending to deprive the owner of it permanently or for such a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property.

The value of the money or property stolen does not matter for PC211 robbery.

If there is more than one victim of the robbery, you can be convicted of multiple counts of robbery, even if you only took one item. On the contrary, if you rob only one person, you can only be convicted of one count of robbery, no matter how many items you stole.

First Degree Robbery vs. Second Degree Robbery; Penalties

First Degree Robbery:

PC211 governs both First and Second Degree Robbery, and both are felony offenses. The difference between the two is where the robbery occurs. First Degree Robbery takes place inside one of three places:

Someone’s home
A vehicle with passengers and drivers
Bank or financial institution (including people who have just finished using an ATM)

Penalties for First Degree Robbery under PC211 include a 3, 6, or 9 year sentence in state prison where you and at least two other people rob an inhabited home, building, etc. For any other First Degree Robbery conviction, possible penalties include a 3, 4, or 6 year state prison sentence.

Second Degree Robbery

Second Degree Robbery is any robbery that does not rise to the level of First Degree. Like First Degree Robbery, Second Degree Robbery is also a felony offense. A conviction of Second Degree Robbery carries a possible sentence of 2, 3, or 5 years in state prison.

Sentencing Enhancements

Great Bodily Injury
PC12022.7 imposes a 3-6 year additional and consecutive sentence to the robbery sentence if you cause great physical injury to someone during the commission of a robbery.

Gang Enhancement
PC186.22 imposes a 10 year additional and consecutive sentence to the robbery sentence if the prosecutor proves that you committed a robbery “for the benefit of, at the direction of, or in association with any criminal street gang.”

Gun Enhancement
PC12022.53 imposes an additional and consecutive sentence for using a gun to commit the robbery.
“Using” a gun: 10 years
Firing a gun: 20 years
Killing or seriously injuring someone with a gun: 25 years—life