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California Robbery Charges
California Penal Code 211 – ROBBERY
Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence and against his will. Robbery in California requires that the felonious taking be accomplished by means of force or fear.
The taking of another’s property with the intent to deprive the person of it permanently or for an extended period of time that would deprive the person of a major portion of the enjoyment of his or her personal property.
FORCE OR FEAR:
The use of force must be enough force to overcome the person’s resistance. While the use of fear must place the person in fear of an unlawful injury to the person or property of the person robbed, or of any relative of the person’s member of the family. For example, the fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery.
FIRST DEGREE ROBBERY:
A person who voluntarily with two or more other persons, commits the robbery within an inhabited dwelling house, a vessel which is inhabited and designed for habitation, an inhabited floating home, a trailer coach which is inhabited, or the inhabited portion of any other building.
PUNISHMENT FOR FIRST DEGREE ROBBERY:
First degree robbery is punishable by imprisonment in California state prison for three, six, or nine years.
SECOND DEGREE ROBBERY:
All other less serious robbery offenses under circumstances that do not meet the requirements for first degree robbery.
PUNISHMENT FOR SECOND DEGREE ROBBERY:
Second degree robbery is punishable by imprisonment in California state prison for two, three, of five years.
DEFENSES TO ROBBERY:
No Use of Force or Fear: You took the person’s property without needing to use force or fear to accomplish the taking.
No Intentional Taking: You did not initially intend to take or permanently deprive the person of his or her property.
Mistaken Identity: You are innocent, wrongly mistaken for the robber but not responsible for the taking of another’s property.
False Accusation: You are wrongfully accused of the taking of another’s property.
Rightful Owner: You took the property but you have an honest belief that you are the rightful owner of the specific property that you took. While your believe may be mistaken, so long as it is honest, it will be a defense to the robbery charges against you.
If you have questions about California Robbery Charges contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense