California Penal Code 211 – Robbery
What are the factors or elements for 211 PC Robbery?
Under California 211 PC, robbery is the:
- Taking personal property in the possession of another,
- 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.
Legal Consequences
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, boat, 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) and 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.
Contact Us:
We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties and all over the bay area since 1992.
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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.
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Please CLICK HERE to visit our dedicated page on Robbery charges for more info.