Robbery may be a common violation, but the state’s law considers it a serious crime. If found guilty of robbing someone, you may face hefty fines and end up in prison for an extended period. You should know various things about the crime of robbery, starting with what constitutes a robbery per California law.

Defining The Crime of Robbery

Under California law, robbery means taking property from another’s possession or their immediate presence against their will, achieved through fear or force. The force could involve a dangerous weapon (armed robbery), or it could only entail simple physical force (strong-arm robbery).

And the intention to take the personal property in question should be formed during or before a defendant uses fear or force. If the accused did not create the required intention after using fear or force, they are not guilty of robbery.

Robbery is defined under Penal Code (PC) 211. It is a straight felony instead of a misdemeanor or wobbler. Inflicting significant bodily harm or using a weapon during a robbery carries a harsher punishment than simple robbery.

Robbery differs from theft or burglary because it involves person-to-person confrontation, the use of or threats of force accompanied by the intent to force and prevent resistance. For example, a burglary escalates to a robbery when someone is present in the structure you break into, and you threaten that person to escape.

Elements of the Crime

Before the judge can convict you of robbery, the prosecuting attorney must prove certain factors beyond a reasonable doubt. These factors are known as the elements of the crime, and they are:

  • You Took Property that Did Not Belong to You

You take property belonging to another person and transfer it within a given distance, no matter how short.

  • That Property was in Another Person's Possession

Under PC 211, possession does not necessarily mean an individual is touching or holding the property. Having control over the property or the entitlement to assume control of it suffices. This type of possession is called constructive possession.

Remember that the alleged victim does not need to own the stolen property. They only need to have constructive or actual possession of the item. For example, an employee of any business is deemed to possess the business's property.

  • You Took Property from the Victim's Person or Their Immediate Presence

In California, it is considered a robbery only if the accused takes the asset directly from another person or their immediate presence. Immediate presence means an item is within a person's physical control, so they would be capable of possessing it had the robbery not occurred.

  • You Took that Property Against the Victim's Will

Under 211 PC, you take property against someone's will when that person disagrees that you should take it. Permission should be granted freely by somebody who is conscious of their actions.

For example, suppose you threaten someone with a firearm, and that person runs away, leaving behind their personal property, and you take the property. Here, you are guilty of robbery because you took the person's property without permission, despite them not knowing what you did.

  • You Used Force/Fear to Take Property or Stop the Victim from Resisting

Under 211 PC, robbery is differentiated from other theft offenses because the crime always involves using fear or force. Per PC 211, "force" refers to physical force. In contrast, according to PC 212, fear refers to the worry of injury to the victim, a family member, property, or somebody else in their company during the commission of the crime.

Interestingly, courts in California have ruled that fear or force is applied, and the crime of robbery is considered to have happened if the accused drugs the alleged victim and takes their property. Yet, the harmless, slight touching when a pickpocket takes the property off somebody's body is not considered force or fear. Therefore, a judge would not find a pickpocket criminally liable for robbery, although they would be convicted of a different theft offense.

  • When You Applied Force/Fear, You Aimed to Deny the Victim the Property Permanently or for an Extended Enough Period to Deprive them of a Significant Percentage of its Worth

Lastly, robbery is an offense that involves specific intent. That means you are only guilty of robbery if, when you committed the robbery, you aimed to deny the involved victim their property permanently or long enough that they would be denied a significant part of its enjoyment or value.

Categories of Robbery

California law identifies two types of robberies: second-degree and first-degree robberies. Robbery in the first degree involves robbing:

  • Any passenger or driver of a streetcar, taxi, bus, subway cable car, trackless trolley, or any other similar vehicle for hire.
  • Any individual from using an ATM and is still in the ATM's vicinity.
  • An individual in a lived-in structure, such as a house, trailer coach, or boat— a structure or house is lived-in if somebody resides there and is present at the time of the robbery or has stepped out but will return.

All other kinds of robbery fall under robbery in the second degree.

A robbery in the first degree is considered a felony. If convicted, you will be subject to felony probation, a three-, four-, or six-year prison sentence, and an amount not exceeding 10,000 dollars in fines. Although if found guilty of committing robbery in a lived-in structure while collaborating with two or more other people, the possible prison sentence will increase to three, six, or nine years.

Second-degree robbery is also a felony. The penalties upon conviction include formal probation, two, three, or five years in prison, and a fine not exceeding 10,000 dollars.

The number of second- or first-degree robberies is determined based on the number of victims involved, not the number of things you take. Therefore, if, for example, you use fear or force on two people to steal their bikes but only manage to take one, you will be accused of two counts of robbery. But should you steal more items from a single person, say a wallet and watch, the prosecutor will charge you with only one count of robbery.

Sentencing Enhancements for a California Robbery

Apart from the standard criminal penalties for robbery, you may face various sentencing enhancements upon conviction. They include:

The Three Strikes Law

Robbery under California law is categorized as a violent felony. Therefore, it is considered a strike offense per the state's "three strikes" law. If you have been convicted of robbery and are later found guilty of any felony offense, you will face twice the standard sentence for the felony in question. And should you accumulate three convictions for strike offenses, one or all of which might be robbery convictions, you will be subject to between twenty-five years in prison and imprisonment for life.

Penal Code 12022.53, Ten-Twenty-Life Enhancement

Penal Code 12022.53 allows for significantly longer sentences for offenders who use a firearm while committing a robbery offense. Particularly, you will face an additional:

  • Ten years if you used a gun when committing the crime
  • Twenty years if you personally and deliberately fired a firearm while committing the offense
  • Twenty-five years to imprisonment for life if you caused someone death or significant bodily harm with a gun while committing a robbery

PC 120.22.7, Significant Bodily Harm Enhancement

If, while robbing a person, you caused them or someone else to sustain significant bodily injury, you may face PC 12022.7, significant physical harm enhancement. This sentence enhancement will add another three to six years to your standard robbery sentence.

Robbery vs. Attempted Robbery

Note that there is a difference between actual and attempted robberies. You commit attempted robbery when you intend to rob a person and then take action toward committing the robbery but fail to complete it. Though you need not have completed or been successful in the robbery to violate the law, attempted violations are also unlawful in California.

PC 664 legally describes attempted crimes. Prosecutors must prove that the accused took a direct, though ineffective, step towards perpetrating the crime and aimed to commit the offense. The direct $5,000 step should be an act that is more than simply preparing, planning, or thinking to commit a robbery. It should be an act that puts the intent to commit the robbery into motion.

For example, Tim buys a gun, a bag with a dollar sign, and a mask to rob a shop. He is still in the process of deciding what shop to rob when law enforcement officers arrest him. Tim has not taken a step toward furthering the robbery crime. So far, he has just prepared to commit a robbery; therefore, he is not guilty.

The consequences for any attempted crime upon a conviction are usually half of what the completed crime carries. Therefore, the punishment for attempted robbery is half of what the judge would have ordered had the defendant completed the robbery. Since robbing someone is a felony, the punishment for attempting to rob someone is still harsh. It involves lengthy stays in prison instead of jail.

Therefore, if you tried to commit robbery in the first degree, you would face eighteen months, two years, or three years in prison and fines. If you committed the attempted robbery in an inhabited structure, you would face up to 4.5 years in prison. And if you tried to commit robbery in the second degree, a guilty verdict would subject you to one year, one and a half years, or two and a half years in prison and $5,000 in fines.

Additionally, various sentence enhancements could increase the consequences and incarceration period upon a conviction for attempted robbery. The sentencing enhancements include:

  • An attempted robbery is a strike per the state's three strikes law since it is a violent felony
  • The defendant used a firearm(PC 12022.53)
  • There was significant bodily harm during the crime (PC 12022.7)

How You Can Defend Yourself Against Robbery Accusations

Robbery is a serious crime, although it is not hopeless if you have been charged. If you remember, we mentioned that the prosecution in robbery cases must prove all the elements of the crime to obtain a conviction. An experienced defense lawyer can review the case facts and work to ensure your legal rights are well protected and your account of events is heard. Some of the defenses your lawyer can argue are:

False Accusations

Wrongful accusations are a reason for so many robbery charges. A person may falsely accuse another of robbery for various reasons. It could be that the actual culprit is attempting to cover up their guilt or that a jealous or angry ex-partner is trying to control the accused. If you were falsely accused of robbery, your attorney would have to investigate your case facts thoroughly and unearth what happened.

Mistaken Identity

Arrestees are usually accused after the involved victim identifies them during a pretrial lineup. The pretrial lineup process often results in wrongful accusations and many other mistakes. And in most robberies, the robber had a mask on or was disguised in any other way, meaning a suspect is identified depending on clothes, weight, height, or other insubstantial evidence.

A skilled attorney understands how to examine the prosecutor’s case to determine whether it is founded significantly on circumstantial evidence that is less reliable. They can defend against robbery charges by disclosing the gaps in the prosecution’s evidence and persuading the jury not to convict unless it is 100 percent sure it has the right suspect.

You Honestly Believe You Had the Right to the Property

Should you rob a person only because you honestly believe the item is rightfully yours, the law will excuse your actions. This is called the claim of right defense. You can argue this defense even if your belief that you have a right to the property is unreasonable or mistaken. But the defense does not apply to robberies done to settle debts.

You Did Not Use Fear or Force to Take the Property

Applying fear or force is one of the elements essential to distinguishing robbery from other theft offenses. If the prosecution cannot demonstrate this element, robbery charges cannot stick. You could still be pronounced guilty of another theft crime, which carries lenient consequences and minimal stigma compared to robbery. If you took someone’s property, they might have been frightened enough to surrender it without you causing fear or using force. In that case, you can defend your case on these grounds.

The Property Was Out of the Victim's Immediate Presence

A robbery crime necessitates that the property involved be on the victim's body or person, or in their immediate presence. The victim's presence when the defendant takes the property is among the elements that differentiate a robbery from theft. If your lawyer argues that the involved victim was absent when you allegedly took the property, the prosecution may reduce the robbery charges to theft. Convictions for simple theft offenses are usually less severe.

If accused of attempted robbery, you can also defend yourself by arguing multiple defenses that may differ slightly from those of a complete robbery. The defenses include:

You Did Not Intend to Rob the Victim

PC 211 provides that the prosecuting attorney should prove the accused intended to rob the victim. They have to demonstrate this beyond any reasonable doubt. The prosecution usually infers the accused's intent from their physical actions. If you merely attempted to rob the victim, intent can be challenging to prove. Your lawyer casting doubt on your actual intention can be a solid defense.

You Did Not Do Any Act to Further the Crime

For the prosecution to prove an attempted robbery case, they must demonstrate the defendant did an act to further the crime. A solid defense, therefore, is for your lawyer to prove your conduct never advanced the robbery.

You Abandoned Your Attempt

A key legal defense against attempted crimes is abandonment. A defendant abandons a violation when they take a voluntary step that ends their role in its commission. This could happen even after the accused has already committed a direct action to further a robbery. The defense of abandonment becomes intricate when two or more people did conspire to commit the robbery.

Mistaken Identity

Mistaken identity is also a solid defense to attempted robbery allegations. Victims usually struggle to identify a robber, even if the crime was completed. Aborted or uncompleted robbery violations are likely to result in mistaken identity cases.

Find an Experienced Criminal Defense Attorney Near Me

California treats robbery offenses very seriously. Therefore, if you are charged, you want to hire an experienced defense lawyer early enough in your case. Remember, your livelihood, rights, and freedom are on the line. A knowledgeable lawyer can negotiate a favorable plea deal, have the judge reduce your sentence, or even dismiss your charges entirely.

At the Los Angeles Criminal Attorney, we have lawyers with extensive knowledge of California robbery laws and an in-depth understanding of how local courts and prosecutors operate. We can fight for you if charged with robbery in Los Angeles and the surrounding areas. We will review the facts surrounding your case and develop a defense strategy that will assist you in obtaining the most favorable outcome. Call us at 424-333-0943 for a consultation.