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Robbery

Robbery is a serious charge. In California, criminal defense attorneys face determined and aggressive prosecutors who can bring to bear all the resources of the government. Defendants need a skilled and able attorney who will fight for them. Robbery is defined as taking of property from another against their will by means of force or fear. The force may involve a deadly weapon such as (Armed Robbery) or it may just involve simple physical force (Strong Arm Robbery).
 

 

Under California Penal Code Section 211, Robbery is a serious and violent felony punishable by state prison. Use of a gun or other weapon or to inflict Great Bodily Injury during the commission of a Robbery carries a harsher sentence than does simple Robbery. Robbery is different from Burglary or Theft because robbery involves person to person contact, the threat of or use of force along with the intent to coerce and prevent resistance. 

 

In California, robbery is categorized into First Degree Robbery and Second Degree Robbery. First Degree Robbery (Penal Code Section 212.5(a)) occurs in an inhabited dwelling, vessel or trailer. First degree robbery also includes robbery of the operator of a bus, taxicab, cable car, or street car. Robbery of a passenger of any vehicle used for transportation for hire and robbery of any person using an ATM are also considered first degree robbery.  Second degree robbery covers any other kids of robbery (Penal Code Section 212.5(b)). Carjacking is a form of robbery. It is basically robbery of a motor vehicle (Penal Code Section 215). Carjacking is the taking of a motor vehicle in the possession of another against his/her will, from his/her immediate presence accomplished by force or fear. Carjacking is also a serious and violent felony punishable by state prison. 

 

First degree robbery carries a state prison sentence from 3 to 9 years. Second degree robbery is punishable in the state prison from 2 to 5 years. Carjacking carries a state prison sentence of 3 to 9 years. Robbery and carjacking are strikable offenses in California and fall under the Three Strikes Law. A convicted felon with a strike prior will be facing a double prison sentence for any future strike convictions. Use of a gun during a robbery adds 10 years to the robbery sentence. Discharge of a gun during a robbery adds an additional 20 years to the robbery sentence.  

 

 Attorney Stephen G. Cline has been practicing criminal defense for nearly 20 years.  His reputation and experience will be the key to the aggressive defense of your Robbery charge.  Call today at (619) 235-5638 to discuss your specific case!

 

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