RobberyCalifornia Penal Code Section P.C. 211

What is Robbery in California?

In California, robbery is defined under Penal Code Section 211 as the felonious taking of personal property in the possession of another, from their person or immediate presence, and against their will, accomplished by means of force or fear. Robbery is a crime that sits right at the intersection of theft and assault. It is a serious strike felony, and because of how serious the penalties for a conviction are and how complicated proving and defending against this crime is, anyone charged with Robbery in California should seek attorneys like the Law Firm of Gomez, Radford, & Rome who have extensive experience handling these cases right away.

What are the elements the Prosecution needs to prove Robbery?

To secure a conviction for robbery, the prosecution must prove several specific elements beyond a reasonable doubt. According to the jury instructions, these elements are:

Taking of Property: The defendant took property that was not their own.
Possession: The property was in the possession of another person.
Immediate Presence: The property was taken from the other person or their immediate presence.
Against Will: The property was taken against that person’s will.
Use of Force or Fear: The defendant used force or fear to take the property or to prevent the person from resisting.
Intent: When the defendant used force or fear, they intended to either permanently deprive the owner of the property or to remove the property from the owner’s possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property.

Crucially, the intent to take the property must have been formed before or during the use of force or fear. If the intent was formed after the application of force or fear, then the defendant did not commit robbery.

What are the Penalties for Robbery in California?

Degrees of Robbery

Robbery in California is divided into two degrees: first degree and second degree, each carrying different legal consequences.

First Degree Robbery (Penal Code Section 212.5(a) and (b))

Robbery is classified as first degree in the following circumstances:

Inhabited Dwelling: The robbery is committed in an inhabited dwelling house, vessel, floating home, trailer coach, or any other building part that is inhabited (Penal Code Section 212.5(a)).
Transport Vehicles: The robbery is committed against a person performing their duties as an operator of a bus, taxicab, cable car, streetcar, trackless trolley, or any other vehicle used for the transportation of persons for hire, or against a passenger of these vehicles (Penal Code Section 212.5(a)).
ATM Proximity: The robbery is committed while the person robbed is using an automated teller machine (ATM) or immediately after using an ATM and is still in the vicinity (Penal Code Section 212.5(b)).

The punishment for first degree robbery can be severe, particularly if it involves multiple perpetrators. According to Penal Code Section 213(a)(1)(A), if the defendant commits the robbery in concert with two or more other persons in an inhabited dwelling, vessel, floating home, or trailer coach, the punishment is imprisonment in state prison for three, six, or nine years. For all other cases of first-degree robbery, the punishment is imprisonment for three, four, or six years (Penal Code Section 213(a)(1)(B)).

Second Degree Robbery (Penal Code Section 212.5(c))

Any robbery that does not fall under the categories specified for first-degree robbery is classified as second-degree robbery. This includes all other types of robbery not committed in inhabited dwellings, transportation vehicles, or in the vicinity of an ATM. Second-degree robbery is punishable by imprisonment in state prison for two, three, or five years (Penal Code Section 213(a)(2)). Some counties, like LA county, charge Robbery under Penal Code 211, which defines the crime. Other counties, notably Kern County, charge according to the section defining the degree of Robbery with which one is charged, so that would account for how you can be charged under Penal Code Section 212.5(c). It is fairly common to see people charged with a violation of P.C. 212 instead of 211, as most Robberies are actually Second Degree Robbery in California.

Penalties for Attempted Robbery

Attempted robbery carries its own set of penalties. Under Penal Code Section 213(b), attempted second-degree robbery is punishable by imprisonment in state prison. Although the specific term for attempted robbery is not detailed in the statute, it generally results in a sentence that is half of what would be imposed for the completed crime.

Defenses and Strategies

Lack of Intent to Steal

One of the critical elements that the prosecution must prove beyond a reasonable doubt is that the defendant had the intent to steal at the time of using force or fear. If the intent to steal was formed after the force or fear was applied, then the crime of robbery has not been committed. This defense argues that the defendant did not have the requisite intent to permanently deprive the victim of their property at the time of the alleged robbery.

Mistaken Identity

Mistaken identity can be a significant defense in robbery cases, especially in situations where the crime occurred quickly or the perpetrator’s face was concealed. This defense focuses on the reliability of the eyewitnesses and any identification procedures used by law enforcement. If the defendant can show that they were not the person who committed the robbery, they can be acquitted.

False Accusation

False accusations can arise from various motives, such as personal vendettas, mistaken beliefs, or ulterior motives. This defense seeks to demonstrate that the accusations are unfounded and that the defendant was wrongfully accused. Presenting evidence that challenges the credibility of the accuser or shows an alibi can be pivotal in establishing this defense.

Lack of Force or Fear

For a robbery conviction, it must be proven that the defendant used force or fear to take the property. If the defense can show that no force or fear was used, the charge of robbery may be reduced to a lesser offense, such as theft. This defense emphasizes that the property was taken without the application of physical force or threats.

Related Crime: Kidnapping with the intent to Rob or Rape (California Penal Code Section 209)

California Penal Code Section 209 addresses the severe crime of kidnapping with the intent to commit robbery or rape, among other serious offenses. This statute imposes harsh penalties on individuals who engage in such conduct. This is somewhat related and defendants can be charged with both crimes simultaneously, although some charges may be ignored for the purposes of sentencing under Penal Code Section 654.

Key Provisions of Penal Code Section 209

Section 209(a): This section criminalizes a range of actions including seizing, confining, inveigling, enticing, decoying, abducting, concealing, or carrying away another person with the intent to hold or detain that person for ransom, reward, to commit extortion, or to exact any money or valuable thing. A person who aids or abets in such acts is also guilty of a felony.

Penalties:
- If the victim suffers death or bodily harm, or is intentionally confined in a manner exposing them to a substantial likelihood of death, the punishment is life imprisonment without the possibility of parole.
- If the victim does not suffer death or bodily harm, the punishment is life imprisonment with the possibility of parole.

Section 209(b)(1): Specifically addresses the kidnapping of an individual with the intent to commit robbery, rape, oral copulation, sodomy, or violations of Sections 264.1, 288, 289, or former Section 262. The punishment for such an act is life imprisonment with the possibility of parole.

Section 209(b)(2): This subsection clarifies that the aggravated penalties apply only if the movement of the victim is beyond what is merely incidental to the commission of the intended offense and if it increases the risk of harm to the victim beyond that necessarily present in the underlying offense.

What is an Estes Robbery? How is it different from just plain Robbery?

In California, an Estes robbery refers to the specific scenario where a shoplifting incident escalates into a robbery due to the use of force or threats of force to avoid apprehension. It’s still Robbery, and the elements are basically the same. This type of robbery is named after the case of People v. Estes (1983), where the court ruled that the use of force to escape after shoplifting constitutes robbery under Penal Code Section 211.

In the landmark case People v. Estes, Curtis Estes was convicted of robbery after he stole a coat from a department store and used a knife to threaten a security guard who tried to stop him. The court determined that the act of using force or fear to retain the stolen property and avoid apprehension satisfied the elements of robbery. A basic example would be when someone is wheeling a shopping cart full of stolen goods out of a store, an employee confronts them and tries to stop them, and the defendant pushes the cart into them while leaving.

Key Elements of an Estes Robbery

To secure a conviction for an Estes robbery, the prosecution must prove the following elements:

Shoplifting: The defendant took merchandise from a store.
Confrontation: The defendant was approached by a store employee or security guard.
Use of Force or Fear: The defendant used force or fear to escape from the employee or guard.

Penalties for an Estes Robbery

An Estes robbery is charged as a felony and is punishable by imprisonment in the state prison for 2, 3, or 5 years in state prison. This is MUCH more severe than a simple shoplifting conviction.

Additionally, a conviction for Estes robbery still counts as a “strike” under California’s Three Strikes Law. The penalties can be more severe if a weapon is used or if a victim is injured during the commission of the crime.

Defenses to an Estes Robbery Charge

Several defenses can be raised to challenge an Estes robbery charge:

No Underlying Shoplifting Offense: The defendant may argue that they did not commit shoplifting, possibly asserting that they lawfully purchased the item.
No Use of Force or Threats: The defense may contend that the defendant did not use force or make any threats during the incident.
False Accusation: The defendant may claim that they were falsely accused, presenting evidence to challenge the credibility of the accuser or provide an alibi.

Comparison with Basic Shoplifting

Under Penal Code Section 459.5, shoplifting involves entering an open business with the intent to steal merchandise worth $950 or less. This offense is typically charged as a misdemeanor and is punishable by:

Imprisonment in the county jail for up to six months, and/or
A fine of up to $1,000.

What’s the short version?

An Estes robbery basically just takes a basic shoplifting offense into a serious felony due to the use of force or fear during the escape. Understanding the nuances of this crime is crucial, as the penalties are significantly harsher than those for simple shoplifting. If facing such charges, it is imperative to seek expert legal representation. The attorneys at Gomez, Radford, & Rome (Los Angeles Criminal Defense Attorneys) are highly experienced in handling robbery cases, including Estes robberies. As former prosecutors with a successful track record, they offer free consultations to help clients understand their rights and build a strong defense.

Do you need a lawyer if you’re charged with Robbery in California?

Absolutely. Expert attorneys will all agree that it is highly recommended to retain the best legal counsel you can if you’re charged with Robbery in California. Given the complexity and severity of robbery charges, securing experienced legal representation is critical. The attorneys at Gomez, Radford, & Rome (Los Angeles Criminal Defense Attorneys) are uniquely qualified to handle such cases. As former prosecutors with a track record of outstanding success, they offer the expertise needed to navigate the legal system effectively. They provide free consultations to discuss the specifics of each case, ensuring that clients understand their rights and the potential defenses available.

Conclusion

Understanding the intricacies of robbery laws in California, including the distinctions between first and second-degree robbery and the specific elements required for a conviction, is essential for anyone facing such charges. The penalties for robbery are severe, and the stakes are high. Therefore, consulting with the expert attorneys at Gomez, Radford, & Rome can make a significant difference in the outcome of a case. Their experience and dedication to providing comprehensive legal defense make them an invaluable resource for those accused of robbery.

Call now to speak with an attorney!