What are the factors or elements for 211 PC Robbery?
Under California 211 PC, robbery is the:
- Taking personal property that is in the possession of someone else,
- From the victim’s person or immediate presence, and
- Against the victim’s will, through the use of force or fear. Note that a robbery in California can also be committed in less obvious ways. These include:
- Breaking into a house (committing theCalifornia offense of burglary) while the residents are inside, then threatening them with physical harm before stealing some of their personal property;
- Drugging someone, then stealing their possessions while they are unconscious;and
- After being caught in the act of stealing something (committing the California crime of grand theftor petty theft), threatening the owner of the property with physical harm in order to escape.
California robbery under 211 PC is always a felony in California law. The exact penalty depends on whether you commit robbery of the first degree or of the second degree.
A California robbery is considered robbery of the first degree if it is a
- Robbery of any driver or passenger on a bus, taxi, streetcar, subway, cable car, etc.,
- Robbery that takes place in an inhabited structure, or
- Robbery of any person who has just used an ATM and is still in the vicinity of the ATM.
First-degree robbery leads to a California state prison sentence of between three (3) and nine (9) years.
And second-degree robbery is punishable by two (2), three (3) or five (5) years in state prison.
How can we successfully defend you against charges of California Penal Code 211 PC Robbery?
Fortunately, there are a variety of legal defenses to robbery charges that a California criminal defense attorney can present on your behalf. These include:
- You didn’t use force or fear to take the property;
- You honestly believed that you had a right to the property;
- You are a victim of mistaken identity; and
- You were falsely accused.
10) 215 PC Carjacking
What are the factors or elements for 215 PC Carjacking?
Under California law, “Carjacking” 215 PC is defined as the felonious taking of a motor vehicle in the possession of another, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear.
Example: A man walked up to a parked car. A female driver was in the driver seat, waiting for her husband to come back from the post office. The man got into the front passenger seat and held up a gun, pointing it at the driver. He told her to get out of the car or he will shoot her. The man has committed a carjacking.
Carjacking is a felony for which a defendant can face imprisonment for up to three (3), five (5), or nine (9) years in state prison. Alternatively, a defendant can face probation and a fine of up to $10,000.
How can we defend you against charges of 215 PC Carjacking?
The following are the most common, but not all of, the legal defenses to Carjacking:
- Claim of Right: Claim of right is not a defense to carjacking. In other words, you cannot use force or fear to reclaim a car that is currently in someone else’s possession, because carjacking is a crime against possession, not ownership.
- Lack of Force or Fear: If you did not use force or fear to take away a car from another person, you cannot be charged with this offense.
- Falsely Accused/Mistaken Identity: If you were falsely accused of committing a carjacking, you need a good attorney who can find any inconsistencies in the evidence to show that you were not the perpetrator of the crime.
We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.
The 100 Trial Lawyers Association has recognized us as one of the best criminal defense attorneys in the country!
Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.
Don’t bargain with your freedom! The right attorney makes all the difference between your freedom and incarceration!
Please CLICK HERE to visit our dedicated page on Robbery charges for more info.