Darwish Law – Robbery
Robbery law in California makes it illegal to use force or threat with the intent of taking someone else’s belongings against their consent. California Penal Code Section 211 PC explains what kind of evidence the prosecution must present failure to which the court cannot find you guilty. If the elements of robbery crime are not met during your crime commission, the court has the jurisdiction to reduce or drop the charges. Even though the court cannot find you guilty of robbery, you could get charged with a related crime.
In California, penalties and punishment for robbery are severe, and the judge imposes these on a case by case basis. The sentencing for the first-degree robbery is different from that of second-degree robbery. There are also sentence enhancements for robbery crime. For instance, when you rob multiple plaintiffs, use a gun, or cause severe bodily harm. three-strikes law could see you spend your life in prison if you commit robbery for three times.
You have the right to fight California 211 charges. To navigate the justice system with ease, you need to hire an experienced criminal attorney. At Darwish Law, we have reputable defense lawyers who are available to help with your robbery case. We listen to you and build strong defenses that increase the chances of having your charges dropped. If you or someone you know are in Santa Ana, California, and facing robbery charges, contact us today for legal help.
The Legal Definition of California Robbery Per California Statute
California PC 211 defines the crime of robbery. You commit robbery when you use fear or force to feloniously take property belonging to someone else or that which is in their immediate possession. Simply put, you take someone else’s property without their consent by force or threat of harm. The law doesn’t need you to take the property directly from the victim’s hands. However, they should have control, be close to the property, gain the property’s physical control, or have the right to possess. You subject yourself to criminal liability when you take the property of any value, however small. Also, robbery happens when you move personal property belonging to someone else to another location or for a particular time, however short.
What the Prosecution Must Prove in Court
You cannot get charged with robbery under California PC 211 if the person in possession of property willingly gives it to you. Therefore, the prosecutor must prove certain elements to the judge beyond a reasonable doubt before you can be sentenced. These elements include:
- You took property that doesn’t belong to you legally
- The plaintiff had the property
- You took property from the accuser’s immediate presence
- The plaintiff or property owner did not consent to your taking of the property. That means you took the property against their will
- You prevented the plaintiff from resisting during your crime commission by using fear or force
- When committing robbery, you had the intent to deprive the property owner enjoyment/ use of the property permanently. You could also rob the plaintiff of their property long enough to deny them a significant portion of its enjoyment/ value
An example of a robbery is where you walk in a bar with the intent to steal smartphones to sell later for quick cash. You approach a lady, Stacy, and offer to buy her wine. Then, you distract Stacy and spike the drink with a sleeping-drug. After a short while, your victim becomes sleepy, and you have a chance to open her purse and remove her mobile phone and cash. The bar security sees you rob Stacy and call the law enforcers, who arrest you per California PC 211.
Per elements detailed under Penal Code 211, you are guilty of robbery. Firstly, you took the money and a smartphone that belonged to someone else. Secondly, the mobile phone you took was in Stacy’s possession, and thirdly, in her immediate presence. Since you did not know Stacy before meeting her at the bar, it is evident that you took the smartphone against her consent. Moreover, spiking the victim’s wine was a form of force. According to California law, giving someone else, a sleeping drug is considered unlawful battery and constitutes the use of force. Lastly, your intent was taking the mobile phone and depriving Stacy of its use and enjoyment permanently.
The Difference Between First and Second-Degree Robbery
California law splits the crime of robbery into two: first and second degrees.
First-Degree Robbery. California PC Section 212.5(a) defines this crime. You violate PC 212.5(a) when:
- You commit robbery in an inhabited trailer, boat, or house. An inhabited structure means another person stays there and they are present, or have left but will return
- You rob an operator or a passenger in a cable car, taxi, bus, streetcar, and other transportation means for hire
- You rob someone who is coming straight from an ATM
Second-Degree Robbery. Per California PC Section 212.5(b), you commit any other kind of robbery except the ones involved in the first-degree robbery. The court has the jurisdiction to charge you with first- or second-degree robbery depending on the number of victims, and not the number/ value of the property you robbed. Simply put, if you pull a gun on two people in an isolated street and demand their smartphone, but only take on the phone, the prosecution could still charge you with two counts of robbery.
Penalties, Sentencing, And Punishment for California Pc 211 Robbery
The judge imposes a penalty for California PC 211 depending on whether the prosecution filed robbery charges as first- or second-degree.
Sentencing and Punishment for California First-Degree Robbery
California law considers the first-degree robbery as a felony. If the jury finds you guilty, possible penalties are:
- A fine that doesn’t exceed $10,000
- Serving time in state prison for three, four, or six years
- Formal probation
However, if you violate PC 211 in an inhabited dwelling, where there are two or more persons, the judge could enhance your prison sentences to three, six, or nine years per Penal Code 213.
Sentencing for Californian Second-Degree Robbery
California statute defines second-degree robbery as any sort of robbery offense that does not involve the constituents of the first-degree robbery. Potential penalties for violating California PC 211 are:
- A fine of not more than $10,000
- Felony probation
- Serving time in state prison for two, three, or five years
Robbery Cases That Involve Several Victims
In California, the prosecution determines robbery counts by the number of victims instead of the amount of property you take. For example, you corner two ladies along a footpath and take a purse from one of them, the prosecution files charges for two robbery crimes. But, if you rob someone many possessions, for instance, wallet, smartphone, and jewelry, the prosecutor charges you with one count of robbery.
Sentence Enhancements for California Robbery
Adding to the California robbery punishment, the court could impose sentence enhancements; hence, increasing the severity of the conviction consequences. These sentence enhancements are:
- Great Bodily Injury Enhancement: California PC 12022.7
If you cause someone else to incur a great bodily injury when committing a robbery, the judge has jurisdictions to enhance your sentence per PC 12022.7. The court can add the enhancement by three to six years to your robbery punishment. Per Penal Code section 12022.7, a great bodily injury means substantial physical harm.
- “10-20-Life Use A Gun, and You’re Done” Law: California PC Section 12022.53
You subject yourself to lengthier prison sentences if you use a gun in robbery commission per California Penal Code 12022.53 PC. The sentencing enhancements per the 10-20-life rule include:
- Serving prison time for an extra ten years when you use a firearm to commit robbery
- Serving an additional 20 years in state prison if you use a gun and fire it when you are committing robbery
- Serving 25 years to life in prison if the victim sustains serious bodily harm after using a firearm during your robbery crime commission
- The Three Strikes Law in California
In California, robbery is categorized under “violent felonies” and as a “strike offense” per the “three strikes” law. Simply put, if you are convicted for robbery, and you have faced or facing another felony charge, the court could impose twice the standard sentence for the violent felony. If you commit robbery as a third felony offense, you accumulate three strikes. This means you face thrice the typical felony sentencing, which is 25 years to life in prison.
Effective Defenses Against Your California PC 211 Robbery Lawsuit
An experienced criminal lawyer could help you with preparing a strong defense when you are facing robbery investigations/ charges. Under California law, you have rights, and your lawyer could use these rights to plan a strategy for the lawsuit against you in court. Your attorney has several alternatives when building a legal defense per California PC 211. If the court convicts you, the legal defense could help have the charge reduced or dropped if planned appropriately even before trial. Effective defenses you and your attorney could use are:
You Are the Victim of Mistaken Identity
The identification process by eyewitnesses or plaintiffs is unreliable as it is rife with mistakes. There are many cases where the accuser or eyewitnesses pick the wrong suspect from a pre-trial lineup because they resemble the perpetrator. Often, accusers identify offenders based on circumstantial items in terms of proof. Examples of circumstantial things are pieces of clothing, ski mask, and physical appearance of the suspect, such as weight or height. If the accuser’s encounter with the offender was not face-to-face, the judge considers the proof as circumstantial and cannot be dependable.
A knowledgeable defense lawyer could assess the lawsuit and determine if the prosecutor filed the case based on circumstantial proof. Then, the attorney could cast doubt on the robbery charges by arguing that circumstantial evidence is questionable. The court cannot convict you until the prosecution proves beyond a reasonable doubt that you are the right perpetrator.
You Believed That You Had the Right to Use the Property
In California, the judge cannot convict you for taking property in someone else’s immediate possession, and you have a reasonable belief that you own it lawfully. The law refers to this defense as the “claim of right.” You could still use this defense even though your belief is unreasonable and flimsy. There are limitations to use this defense when accused of robbery. These include:
- The claim of right is not applicable if you robbed somebody their property to settle debts
- The court could not approve of the defense if you hid the property even after getting discovered
- The judge could not allow the claim of right defense if you robbed unlawful items like guns or drugs
The Accusation Is False
Credible statistics show that, in California, false accusations are to blame for a significant percentage of criminal charges. Another person could falsely accuse you of PC 211 for many reasons. For example, the offender could be looking to cover up their offense. You could have a jealous or angry ex-lover who is looking to avenge, and they falsely accuse you of robbing them in a bid to control you. If you believe that the plaintiff filed a false robbery allegation against you, your criminal defense attorney could investigate the facts thoroughly and cast doubts in the case.
You Didn’t Use Force or Fear
Under California law, the use of force or fear is a p element of robbery crime. The judge cannot impose penalties for robbery if the prosecution cannot prove beyond a reasonable doubt that you used these elements during your crime commission. Since the robbery charges cannot uphold appropriate evidential standards according to the law, your defense lawyer could cast doubts in the case. The court has the jurisdiction to drop the case, reduce your charges, or charge you with another related offense in place of robbery. Typically, other similar crimes attract less sentencing, and odds are they have a lesser effect on your criminal history than robbery charges.
Criminal Offenses Related to California Penal Code 211 PC Robbery
Even though your act didn’t amount to robbery, the court can still find you guilty of one closely related. Crimes related to California PC 211 are those that comprise some similar elements. The prosecutions can charge you with the crimes, together with or in place of PC 211. The crimes include:
Burglary: California PC 459
California PC 459 defines burglary as the act of gaining illegal access to a car, building, or room, with a deliberate intent to commit a felony. In California, prosecutors file charges for robbery and burglary together since before you rob in a house or car, you first commit burglary. California law considers burglary a felony if you commit it in a private dwelling, and a wobbler if you commit it in all other properties. If found guilty, possible penalties are serving two, four, or six years in prison for the felony crime.
California PC Section 459.5 – shoplifting, is an exemption to burglary law. You commit shoplifting when you gain illegal access to a commercial property during working hours and take items valued not more than $950. In Santa Ana, shoplifting is a misdemeanor, unlike burglary.
Extortion: California PC 518
You are said to commit extortion under California PC 518 if you use threat or force to make someone else to offer you property or money. The primary disparity between extortion and robbery is that, unlike in robbery, the plaintiff consents to take their money/ property in extortion. However, the accuser is compelled to consent because of your threat or force usage. Another disparity is that extortion’s meaning of “fear or force” is different from that of robbery. force/fear not only involves threats to harm someone else but also to:
- Report another person’s immigration status
- Expose a secret
- Accuse another person of an offense
Kidnapping: California PC 207
Kidnapping, under California PC 207, occurs when you move someone else from one location to another, however short, using fear or force. During the robbery, you can subject yourself to the kidnapping offense if you make the accuser move even the slightest distance. For instance, by brandishing a gun and making the victim enter a vehicle, driving to a secluded alley two blocks away, and taking their personal property, the prosecution can file both kidnapping and robbery charges against you. If found guilty of PC 207 and PC 211, possible prison sentencing is life imprisonment but with parole. If convicted of only kidnapping offense, potential punishment is serving time in state prison for three, five, or eight years.
Contact A Darwish Law Attorney Near Me
Robbery allegations not only comes with severe punishment but can also ruin your reputation or even make you suffer when looking for a job in California. Irrespective of the accuracy of robbery allegations against you, you need the help of a criminal lawyer who has a proven track record. The kind of legal counsel and defense building you find at our Darwish Law is unmatched. We have helped a significant percentage of our clients have their robbery, and related crimes dropped thanks to our many years’ experience.
Our capable attorneys are available around-the-clock to respond to your queries. There is a reputable Darwish Law defense lawyer near you with an office in Santa Ana, California. If you or your loved one get charged with robbery, reach out to our experienced robbery lawyers at 714-887-4810. Our team is on standby to pick your call and go the extra mile in your defense.