California Penal Code Section 211 PC: Robbery

California Penal Code Section 211 PC: Robbery

Robbery laws in California can be confusing. This article will explain California Penal Code Section 211 PC, the law that defines robbery, in simple terms. We’ll go over what robbery is, what the penalties are, and some common defenses. Our goal is to help you understand this complex law using everyday language.

What is Robbery Under California Law?

Robbery is taking someone else’s property by force or fear. It’s basically theft using violence or threats. Section 211 of California’s Penal Code says robbery happens when you:

• Take someone else’s property
• Directly from their person or presence
• Against their will
• By using force or threats

Let’s break this down. Robbery has two main parts – the theft and the force or fear.

The Theft Part

For robbery, you have to steal someone else’s property. This means taking something that doesn’t belong to you, without permission. And you have to take it directly from them or their immediate presence. Your victim has to actually be there.

Some examples of robbery thefts:

• Taking a purse or wallet from someone’s hand
• Grabbing a phone out of someone’s pocket
• Snatching a necklace off someone’s neck

The Force or Fear Part

Robbery also requires force or fear. You have to use violence or threats to take the property, or to prevent resistance. Force means physical violence. Fear means threats – verbal or nonverbal.

Examples of force or fear:

• Hitting or kicking someone and taking their stuff
• Grabbing and shoving someone to the ground, then taking their property
• Implying you have a weapon under your clothes
• Threatening to hurt someone if they don’t hand over their valuables

Without this element of force or fear, it’s not robbery – it’s just regular theft.

Penalties for Robbery in California

Robbery is always a felony in California. It’s punished by imprisonment in state prison. The maximum sentence depends on whether it’s first or second degree robbery.

First Degree Robbery

First degree robbery involves the use of a dangerous or deadly weapon. It’s punishable by 3, 4, or 6 years in prison.

Second Degree Robbery

Second degree is any robbery without a weapon. It’s punishable by 2, 3, or 5 years in prison.

If there are aggravating factors, these sentences can be higher – up to 9 years for first degree or up to 9 years for second degree.

Robbery convictions also count as “strikes” under California’s Three Strikes Law. This means they can be used to increase sentences for any future felony convictions.

Legal Defenses to Robbery Charges

There are a few common defenses that can help fight California robbery charges. Here are some examples:

• False accusation – You didn’t commit the robbery at all. The alleged victim is lying or mistaken.
• No fear – There was a theft, but no threats or force were used.
• Intoxication – You were too drunk or high to form the intent required for robbery.
• Duress – You only committed the robbery because someone threatened you or a loved one.

An experienced criminal defense lawyer can evaluate the details of your case and advise you on the best defense strategies.

Related Offenses

There are other California theft crimes that are similar to robbery or often charged along with it. Here are some examples:

• Grand theft – Stealing property worth over $950.
• Petty theft – Stealing property worth $950 or less.
• Burglary – Entering a building to commit theft or another felony.
• Carjacking – Taking a vehicle by force or fear.
• Extortion – Threatening to harm someone unless they give you money/property.

A skilled defense attorney can help identify any inappropriate or excessive charges.

Conclusion

Robbery charges shouldn’t be taken lightly. California law allows serious prison sentences for robbery convictions. Building an effective defense requires understanding the specific elements of robbery under Penal Code 211 PC.

If you’re facing charges, don’t go it alone. Get advice from a criminal defense lawyer who knows how to fight these cases. A strong defense could lead to reduced charges or a dismissal.