Robbery: California Penal Code 211

Los Angeles Robbery Defense Attorneys

Criminal Defense Lawyers in LA Representing the Rights of People Accused of Robbery

If you’ve been accused of Robbery in California, you are facing extremely serious legal consequences, including a lengthy prison sentence. You need to retain robbery defense attorney in LA as soon as you can to protect your legal rights.

A robbery conviction can have serious consequences for you and your future. Robbery is particularly serious, as it’s a crime committed against a person, rather than a piece of property. Unlike a property crime such as theft, all robbery charges in California are felony charges, which are extremely serious and could affect you for the rest of your life. To schedule a free case evaluation with one of our experienced Los Angeles criminal defense lawyers, call the Law Office of David S. Chesley today at 800-755-5174 or contact us online.

Robbery Charges in California

Robbery is the taking of personal property of another person from their presence using force, violence, or intimidation. Some examples of situations where you could be charged with robbery include:

• You threateningly asked a person for his or her wallet
• You pulled a purse off of a woman’s shoulder walking down the street
• You demanded and took money from a man walking on the street while pressing a hard object into his back

The unique facts and circumstances of the act in question will determine the degree of the criminal charges and the possible punishment.

The Elements of a Charge

The state must have sufficient evidence to prove you are guilty beyond a reasonable doubt. In order to be convicted, all of the following elements must be shown by the prosecution:

1. Property not belonging to the accused was taken from another person’s possession
2. The property was taken from the person or that person’s immediate presence
3. The property was taken against that person’s will
4. The property was obtained by physical force or fear of injury
5. When using force or fear, the person intended to deprive the owner permanently or for so long that the owner lost a major portion of the property’s value or enjoyment

Immediate presence can include property close enough to the person in possession that the person could keep control without the alleged force or fear. The person from whom it was taken must not have freely consented. Under the applicable instruction, fear may concern injury to that person, family or property, or immediate injury to someone else present or that person’s property.

The prosecution must prove every element beyond a reasonable doubt. Counsel can test whether the evidence shows possession, immediate presence, force or fear, timing and the required intent. Circumstantial evidence is legally usable, but its weight can be disputed; the jury applies the reasonable-doubt standard rather than a “completely certain” test. Any result depends on the evidence and the court process. That is why it is critical to consult with a lawyer about the facts and circumstances of your case as soon as you can after an arrest.

Degrees of Robbery Charges and the Associated Penalties

While all robbery offenses are felonies, the facts and circumstances surrounding the case determine the degree of the charge.

• First-Degree Robbery – section 213 generally provides a three-, four-, or six-year base state-prison term; voluntary concert with two or more others in a specified inhabited dwelling has a three-, six-, or nine-year base term. Section 212.5 defines the degree. Facts to check include:
  • The person robbed was a driver or operator of, or passenger on, covered transportation for hire
  • The robbery occurred in a dwelling or other inhabited structure specified by section 212.5
  • The person robbed was using an ATM, or had just used one and remained in its vicinity
• Second-Degree Robbery – section 213 generally provides a two-, three-, or five-year base prison term; fines, restitution, probation eligibility and other allegations require separate review.
• Firearm allegations – section 12022.53 can add different consecutive terms for a firearm personally used, intentionally discharged, or intentionally discharged causing qualifying injury or death. The 25-years-to-life provision is not simply a fixed 25-year minimum whenever someone is hurt; actual pleading, proof and sentencing rules matter.

It’s important to note California’s Three Strikes law, which includes robbery offenses. A qualifying pleaded and proved prior strike can affect the sentence for a later felony. One prior strike generally invokes a different rule from two or more prior strikes; the current offense and statutory exceptions determine whether a 25-years-to-life term is available.

The consequences of a robbery conviction at any degree can have lifelong effects. A tainted record is more than an inconvenience, but a setback to your personal, financial and professional life. An experienced California criminal defense attorney can help you understand the full range of prescribed and collateral consequences that may apply to you.

California’s “10-20-Life: Use a Gun and You’re Done” Law

If you’re accused of using a gun in the commission of a robbery, it is important to be aware of Penal Code 12022.53 PC, commonly referred to as the “10-20-Life: Use a Gun and You’re Done” law. The law enhances the penalties to which people accused of certain crimes can be exposed if a qualifying firearm allegation is charged and proved. Specifically, it can add the following amounts of time to a robbery sentence:

• A possible 10-year term for qualifying personal firearm use
• A possible 20-year term for qualifying intentional discharge
• A possible 25-years-to-life term for qualifying intentional discharge causing great bodily injury or death

GBI Enhancement

Another way a robbery charge can be enhanced is if you caused another person great bodily harm during the alleged robbery. A qualifying great-bodily-injury allegation can change the sentence if charged and proved; the relevant statute, injury proof and any interaction with a firearm allegation must be checked. Whether a particular injury falls under the definition of “great bodily injury” is determined on a case-by-case basis.

An Attempted Robbery Charge

If your conduct does not fulfill all of the elements of a robbery, you may be charged with attempted robbery. In order to be convicted, the prosecution must prove you intended to commit robbery and took at least one direct step toward committing it; intent to commit some unspecified crime is not enough. For attempted second-degree robbery, section 213(b) displaces the ordinary half-term attempt rule; the base state-prison range is 16 months, two years, or three years under section 18. An attempted first-degree robbery or separately pleaded enhancement needs its own statute-specific calculation; fines and restitution depend on the judgment.

Your Right to a Defense

The legal right to assert a defense allows you to explain or justify your alleged criminal conduct. Because it can be difficult to determine whether these or any other defenses apply, you should always have your case reviewed by an LA robbery defense lawyer before accepting a plea deal. Some common defenses to robbery charges include:

• No property was taken
• There was no use of force or of fear
• You thought you had the permission or the right to take the property
• The property was not taken from the person in possession or that person’s immediate presence
• Your conduct resulted because you were forced or under duress
• You’ve been mistakenly identified or falsely accused

There are instances where the evidence against you may be suppressed due to errors by law enforcement, such as an unconstitutional search and seizure. An example of this would be property confiscated from your home by police with a search warrant that wasn't actually supported by probable cause, or an item was taken from your vehicle after a traffic stop conducted without sufficient cause to stop your vehicle. Other mistakes can be made in instances of a pretrial lineup where the victim mistakenly identifies you as the accused. Often, a robber wears a mask or other form of disguise to conceal their identity, leaving the victim to rely on height, weight, clothing, and other forms of evidence that can be challenged. Other misinformation or flaws in the prosecution’s case could build a strong defense to a robbery charge. An attorney with significant experience in this area of the law can discuss these options with you and help you strategize your defense.

Call the Law Office of David S. Chesley Today to Schedule a Free Consultation with a Los Angeles Robbery Defense Attorney

A felony conviction can permanently impact your life and the life of your family. It's natural to feel apprehension about your future after an arrest for a robbery charge with a potential conviction. Facing prison, fines, and other consequences are stressful – but a Los Angeles criminal defense attorney can often help. The highest priority is securing the best outcome possible for your case. Avoiding a criminal conviction, or reducing your charge or penalties requires a comprehensive understanding of the law. Your case may be negotiated by a plea agreement or may be better served going to trial in order to protect your rights.

Don’t hesitate to contact the Law Offices of David S. Chesley today at 800-755-5174 or fill out our contact form online for a free consultation.