Robbery in the State of California

Robbery under California Penal Code Section 211 is a  felony. The code defines robbery as stealing from someone else, while using force, aggression, or violence to commit the crime.

This is where robbery is separated from burglary, as a burglar could have stolen without any violence involved.

Other distinctions between robbery and burglary is that burglary is defined as  entering a building to commit a crime, not necessarily to steal something.  

There are also two forms of robbery:

·         First degree robbery

·         Second degree robbery

First degree robbery, under the State of California, is when someone commits a robbery either:

·         In the presence of another

·         At a bank or financial institution

·         In a vehicle with passengers

Similar crimes include grand theft auto, burglary, and theft, all of which carry their respective fines and penalties.  

Certain elements of the crime of robbery include:

·         That the robber took possession of something that did not belong to them

·         The robber committed this in the presence of someone else

·         The robber did not receive an agreement with the victim to take the property

·         The robber used force, violence, or threat during the act of robbery

·         The robber intended to keep and deprive the owner of their possessions

Robbery, both 1^st and second, are felonies with punishments being:

First degree robbery is filed as a felony, and those found guilty can face:

• California State Prison – three, four or six years

Second degree robbery is also filed under a felony, and those found guilty can face:

• California State Prison – two, three or five years

If you are facing robbery charges for Penal Code 211 and were falsely accused, the OC criminal defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (949) 250-6097.