Robbery is a serious offense in California. The crime involves taking another person's item or property out of their immediate presence. The law in California considers the crime as either first-degree or second-degree robbery. You will face various penalties based on several factors, including your criminal record and the facts surrounding your case. Other crimes, including kidnapping, extortion, burglary, shoplifting, and carjacking, are charged alongside robbery. When the law enforcement officers arrest you in Santa Ana for robbery, you need to seek legal help from a well-skilled criminal defense attorney.

At California Criminal Lawyer Group, we have highly rated and experienced criminal defense attorneys. The lawyers are well versed with California robbery laws. We examine your case, build a strong defense strategy and represent you at the criminal court. When the police arrest you in California, do not hesitate to contact our attorneys.

Understanding Robbery Laws in California

The crime of robbery is outlined under California PC 211 as a felonious act where the property is taken from the owner against them directly by fear and force. The crime is violent and primarily is a combination of theft and assault. The main difference between robbery and other types of theft is that robbery is a felony.

The law differentiates robbery from other theft crimes like burglary by the concept of whether the offense involved fear or force during the crime commission. The prosecution team must prove whether you, as the perpetrator, used fear or force to commit the crime. Usually, the crime of robbery takes place when you intend to use fear or force to make the victim comply with your demands. Sometimes force can be considered a broad term involving weapons like a knife or knife to rob the alleged victim. Also, the crime can involve using intoxicants or drugs to incapacitate the alleged victim before robbing their items.

The use of force does not necessarily need to have been carried out during the offense. The perpetrator of the crime only needs to use the threat to the victim and cause fear on them. For instance, Mark approaches Jane and demands she hand over her bag, claiming he possesses a gun. Even when Mark used a toy gun as he committed the crime, the law will consider his actions as robbery.

What the Prosecutor Must Prove in a Robbery Case in California

Like the other offenses, the prosecutor must prove the elements of robbery before you face conviction. It means you will not face conviction when the prosecutor fails to prove all the elements of the crime. The following are the legal elements of robbery as per the California laws:

  • You took property that belonged to another person.
  • You took the alleged property against the will of the owner.
  • You took the property while in the immediate presence of the owner or the victim.
  • You attempted to escape with the property in question temporarily or permanently.
  • You used threats and fear while committing the crime.

Remember, taking the alleged property also includes moving the property for a short distance. Whether you wanted to take the property permanently or temporarily is irrelevant since the court considers both as robbery. For example, when Mark snatches Mary’s purse and throws it alongside the road for Mary to regain possession of the purse, Mark has committed robbery.

In addition, you do not need to have the actual ownership of the property in question. Therefore if you have control over the property, you still face charges for the crime. In California, the law considers constructive possession as robbery. If you face charges for the crime, you need to seek legal help from a competent attorney. Do not attempt to handle the legal matters alone. Ensure you hire a well-skilled and experienced criminal defense attorney.

Penalties for violating PC 211

When you violate PC 211, you face severe penalties. The Penalties depend on the severity of the crime. The punishment of robbery crimes varies depending on the degree of robbery you are charged with.

When you commit first-degree robbery, the Penalties include:

  • Imprisonment in prison from four to six months.
  • You pay a fine of up to $10000.
  • You also attend formal or felony probation.

When you commit second-degree robbery, the Penalties include:

  • Imprisonment in prison for two to five years.
  • You pay fines up to $10000.
  • You also attend felony or formal probation.
  • In the robbery, aggravating factors may make the judge enhance your sentencing.

What is Aggravated Robbery?

Robbery can become aggravated under certain circumstances. Your sentence could be enhanced. The Factors which could lead to enhanced sentencing include:

Use of Firearm

According to California laws, using a firearm when committing a felony is aggravating. For example, when you use a gun during a robbery, the judge will add ten years to your sentence. Again, if you discharge a gun during the offense, your punishment will be enhanced by 20 years. After discharging the weapon, if you injured someone or were accused of injuring someone using the gun, you face sentence enhancement for 25 years. You may also face deportation from the country if you are a non-citizen.

Great Bodily Injury

When the alleged robbery victim receives great bodily harm, this could result in sentence enhancement from three to six years in prison.

Robbery In Concert

Robbery by concert refers to a robbery carried out in a building or an inhabited dwelling. It also involves multiple Victims. The number of victims involved determines a robbery case, but not the stolen items. For example, when charged with one count robbery, it means you robbed one person. Robbing two people results in two counts of robbery charges. However, when you steal multiple items from one victim, you face one count of robbery. You commit robbery in concert when you rob three or more victims. Robbery in concert is considered an aggravating factor. It could lead to sentence enhancement by nine years.

California Three Strike Law

Robbery is regarded as a violent felony. Violent felonies in California are strikes under California's three-strike laws. Your sentence can be enhanced two times the normal sentence for a second strike. If the strikes accumulate, with one strike in your criminal history, in your subsequent felony offense, your sentence is enhanced from 25 years to life.

Difference Between First and Second-Degree Robbery

In California, robbery is divided into the first and second degrees.

First-Degree Robbery PC 212(a)

You commit first-degree robbery when you rob someone inside a building or structure which is inhabited. The building or structure includes an apartment, dwelling, house, restaurant, store, or bank. An inhabited structure refers to a building where someone is present or left momentarily intending to return. Inhabited dwelling too includes a floating home or a vessel.

You may also commit first-degree robbery when you rob any driver or a passenger in a vehicle. The vehicles include a taxi, car, cable car, streetcar, and other forms of public transportation.

Again you commit first-degree robbery when you rob someone using an ATM card.

Second-degree robbery includes all other forms of robbery apart from first-degree robbery.

The Potential Defenses for Robbery

The penalties of robbery are harsh. However, you can fight the charges and avoid the severe penalties. But, it would help if you worked with a top attorney. It is essential to know that you have rights per the state's laws; understanding how to use your rights to develop a solid defense strategy is necessary. You have several defenses you can use to fight your charges based on the circumstance of your case. When you create a strong defense, the court will drop your charges or reduce them. The following are the legal defenses you can use to fight a robbery charge in California:

You Did Not Use Force or Fear

The main element of a robbery case is fear or use of force to commit the crime. Therefore, when the prosecution team cannot prove this critical element, you will not face conviction for the crime. The criminal court judge may decide to reduce your charge to another similar offense. So, you will face a lesser charge than robbery. Ensure you work with your aggressive attorney to increase the chances of winning your case.

Mistaken Identity

Another possible defense you can use is you are subject to mistaken identity. In many cases, a perpetrator of robbery is determined through a pretrial lineup. Therefore it's common for mistaken identity to happen. Also, the perpetrator may be determined based on circumstantial evidence. The evidence may involve clothing, ski masks, or other characteristics like perpetrators' weight and height.

So, when the case did not involve a face-to-face encounter to allow possible identification, the criminal court will consider the above evidence as unreliable. Your aggressive criminal defense attorney may evaluate the prosecution team’s evidence to know whether it is circumstantial. By doing so, the court will either drop or reduce your charges.

You Believed the Alleged Property Belonged to You

The state’s law allows you to use “claim of right” to fight for your rights. You can argue that you had an honest perception the alleged property belonged to you. Even when you are mistaken about your claim relating to the alleged property, and you honestly believed the property belonged to you, you will not face conviction. However, there is one case where this defense will not apply. When you apprehend the alleged property because the victim owes you a debt, you will be guilty of the crime.

False Allegation

Sometimes you may face a conviction for robbery because of a false accusation. The case may occur because of various circumstances surrounding you. For exam[le, the perpetrator of the offense may want to hide their guilt and then raise false allegations against you. A former spouse or friend may raise false allegations against you out of anger or jealousy. When your criminal defense attorney proves you are a case of false claims, the court will drop or reduce your charges.

Involuntary or Voluntary Intoxication

If you were intoxicated during the occurrence of the crime, you might raise this defense to fight the charge. Involuntary intoxication occurs when factors outside your control your actions. For instance, the intoxication happened against your will or knowledge.

Alternatively, you might find it challenging to use the defense of voluntary intoxication. But, when the intoxication affects your ability to create an intent to commit the crime, you may use the defense. Remember, for a robbery offense to occur, there must be an intent to commit the crime. The defense will result in a lesser charge involving intoxication or theft.

Under Duress

When you were threatened with bodily injuries or death, which resulted in you engaging in the crime of robbery, you might use the defense of duress to fight the charge. Although it is challenging to demonstrate duress, the defense is effective. Remember, you need the help of your criminal defense attorney to help you prove you committed the crime because of coercion.

Police Entrapment

Finally, you can use police entrapment to fight your charges. However, it is challenging to prove entrapment. But, when you were manipulated or convinced to commit a crime you could not have committed without the manipulation, you can use this defense at the criminal court to fight your charges. However, you will not use the defense when you had formed an intent to commit the crime before you were entrapped. Speak with your attorney to help you determine whether you are eligible for this defense.

Can I have My Criminal Robbery Records Expunged?

Having a robbery criminal record can affect your ability to find a good job. You may be wondering whether you can erase your criminal robbery history, right? You can expunge your robbery conviction. To be able to apply the expungement:

  • You should not have served a state prison sentence. If you served imprisonment in county jail.
  • You are eligible for expungement. Again, you must have paid the fines.
  • You must have fulfilled all the probation conditions.
  • You must not have any pending criminal charges.

Both first and second-degree robbery is punishable by imprisonment. If you served imprisonment in state prison, you could not expunge your criminal record. Alternatively, if you served probation or your jail term in county jail, you can contact experienced attorneys and attempt to clean your criminal history.

You have to note that you will no longer tell your employees you were convicted of a crime by having your criminal records expunged. Again, the state licensing boards will not deny you a license due to your conviction. Therefore having your criminal records expunged makes it easier for you to apply for employment, admission to a good school, and obtain your driving license.

Other Related Offenses to Robbery

PC 211 is charged alongside other Offenses in California. The offenses are related to robbery, although they carry different Penalties. The crimes related to PC 211 include:

Extortion PC 518

You violate PC 518 when you use force or fear to make the victim give away their property unwillingly. The difference between robbery and extortion is that you don't force the victim to give away their property in a robbery. In Extortion, the victim agrees to give away their property after using force. In the robbery, use of force or fear means the perpetrator threatened to injure the victim. In Extortion, fear or force covers all threats, including exposing someone's secrets, reporting their immigration status, or accusing someone of a crime.

Therefore when you use the above threats, you face charges for extortion instead of robbery. Violating PC 518 is a felony under California laws. The penalties for the crime include imprisonment in county jail for up to four years.

Kidnapping PC 207

You violate PC 207 when you move someone a substantial distance while using force or fear. You may face charges for both robbery and kidnapping when you force someone to move a substantial distance with the intent of robbing them. For example, You force someone to enter your car. You later drive them to a different location. Then you pick their belongings. In this case, you face charges for both kidnapping and robbery. Committing the two Offenses is a more severe offense than ordinary robbery or kidnapping. Therefore you may face life imprisonment when you commit the two Offenses.

Carjacking PC 215

PC 215 involves using force or fear to take another person's car. The car owner must be present when taking the car for the charges to be valid. Carjacking is related to the robbery. The difference is in carjacking; the involved item is only a car. The prosecution can either decide to charge you with either carjacking or robbery since carjacking is a form of robbery. Again carjacking is similar since they are both punished as felonies. The Penalties for violating PC 215 include imprisonment in state prison Upto nine years.

Burglary PC 459

Burglary is a crime related to robbery. You violate PC 459 when you enter a locked vehicle, room, or building while committing a felony inside. A felony can be rape, theft, robbery, etc. When you commit robbery inside a building, you violate burglary laws. You, therefore, face conviction for both robbery and burglary when the robbery scene is a vehicle building or a locked room. The Penalties you will face depend on the scene of the crime. First-degree burglaries are burglaries committed in someone's residence. First-degree burglary is treated as a felony. The Penalties for the crimes include a fine of up to $10000, felony probation, and imprisonment in state prison Upto six years.

Second-degree burglary is a crime that occurs at any place that is not used for residential purposes, such as business premises. The offense is a wobble. Misdemeanor Penalties are a fine of up to $1000, summary probation, and imprisonment in county jail up to one year. Felony Penalties include a fine of up to $10000, felony probation, and a sentence of up to three years.

Petty Theft and Grand Theft

When committing theft without the use of force or fear, you may face charges for petty theft or Grand Theft. Petty theft is the theft of any property whose value is $ 950 or less. PC 487 states the following elements of petty theft.

  • The stolen property value is $950 or less.
  • The stolen items exclude weapons and automobiles.
  • The stolen items were not taken directly from the victim.

Like robbery, the prosecution must prove the items were picked without the owner's consent. Petty theft is a misdemeanor under California laws. You may face charges for an infraction if you don't have a prior criminal history when you commit the crime. Penalties for infractions include a fine of $ 250. The prosecutors may charge the offense as a misdemeanor. If you have a prior history of Misdemeanor Penalties, include imprisonment in jail from six months to three years.

Alternatively, Grand Theft PC 488 Involves

  • Items whose value is more than $950.
  • The items were taken in the Victim's immediate presence, for example, pickpocketing.
  • And when the involved item is an automobile or a firearm.

Grandtheft is a wobbler offense. However, when the involved item is a firearm, the offense carries felony charges. Penalties for felony Grand Theft include imprisonment in county jail for three years. Misdemeanor Grand theft Penalties include imprisonment in county jail up to one year.

Contact Santa Ana Criminal Defense Attorney Near Me

As discussed above, the penalties for robbery cases in California are harsh. You might remain behind bars for an extensive period. That’s why it is recommended you hire a well-trained criminal defense attorney to help you fight the charges. Remember, the defense attorney you choose will highly determine the success of your case.

At California Criminal Lawyer Group, our attorneys are conversant with robbery laws in California. We have a record of success in handling our clients' cases for decades. Therefore if you face a robbery charge in Santa Ana, you need to contact our attorneys. We start by examining your case to develop a strong defense to obtain the best possible outcomes in your case. Contact us at 714-844-4151, and we will start working on your case right away.