Robbery Penal Code 211 PC
Robbery is charged in California under Penal Code Section 211 PC and is a felony. This crime is very serious and is considered a "strike" under the California "Three Strikes" Law. That means a conviction of robbery will result in severe penalties, plus the conviction will be used to increase future sentences should you, or a loved one, be convicted of a crime in the future. Under the “Three Strikes” Law these convictions are used to significantly enhance future sentences and punishment.
Robbery is the illegal taking of property from another person by either force or fear. The value of the property does not matter. The force used can be just a simple threat or can be more serious if a weapon is used. Robbery is punishable by up to 5 years in state prison. If the person was armed with a weapon or the victim was injured, then the penalties will be substantially more.
Robbery is charged as either first or second degree robbery. First degree robbery is robbery that occurs in a home, to a taxi cab driver, during a carjacking, or at an ATM machine. All other robberies are robbery in the second degree. Along with a prison sentence, a person convicted of this crime will have to pay restitution, severe fines, undergo parole or probation, and may face a lifetime revocation of a driver's license.
Additionally, if you are convicted of this felony, you will lose your right to buy or possess a firearm, and in most cases, will lose your right to vote.
If you, or a loved one, is arrested or charged with a robbery, you need to immediately contact an aggressive criminal defense attorney who has significant experience in handling these cases. When choosing a defense attorney, you will find that former prosecutors that have handled these cases will know how the police and prosecutor will put together the case against the you or your loved one. A former prosecutor who now practices criminal defense has added skills and knowledge of the thought process of the government, as well as how to defend you of this charge. This means a criminal defense attorney who defends clients against robbery charges throughout Los Angeles, Orange County, Riverside County and San Bernardino County.
Jury Instruction on Robbery (as stated by Judicial Council Jury Instructions)
To prove that the defendant is guilty of this crime, the People must prove that:
- The defendant took property that was not (his/her) own;
- The property was taken from another person's possession and immediate presence;
- The property was taken against that person's will;
- The defendant used force or fear to take the property or to prevent the person from resisting; AND
- When the defendant used force or fear to take the property, the defendant intended to deprive the owner of it permanently, or to remove it from the owner's possession for an extended a period of time.
- The defendant must have formed the intent to take the property before or during the time that the property was removed; if not, then no robbery occurred.
- A defendant takes something when he or she gains control and moves the item some distance.
- The property must have some value, no matter how small, and may be possessed by more then one person.
- A person does not have to actually hold the item to have possession.
- The property may be a distance away when the item is taken by force or fear and it will still be a robbery.
- A store or an employee may be robbed if the store's property was taken or the employee was in charge of the item at the time the robbery occurred.
- Fear means fear of injury to oneself or the person's family or property.
If you have been charged with a robbery offense in Los Angeles, Riverside, San Bernardino, or Orange County, it is important that you seek the services of a criminal defense attorney with extensive experience handling robbery cases. If you have been charged with this offense in the Los Angeles or Southern California area, call Michael Kraut. Mr. Kraut understands the serious nature of this offense, how best to defend you, and how to resolve your case without you going to jail. Mr. Kraut has extensive knowledge of the law and the legal system. He has developed excellent relationships with law enforcement and law officials throughout the Los Angeles and Southern California.
For more information about the various ways to handle a robbery case, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.
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