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5 Types of Robbery Charges in California
Robbery is considered a serious crime and, as such, can result in severe repercussions under California law. However, while said felony always carries considerable penalties, not all types of robberies are the same.
When you’ve been accused of committing the crime, understanding the types of robbery charges will give your criminal defense attorney in San Diego a good basis to mount a strong defense and ensure a fair legal process that will protect your rights.
What is the definition of robbery in California?
Under California Penal Code §211 PC, the definition of robbery is: “the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.”
In other words, for the act to be considered “robbery” in California, it must fulfill all of the following criteria:
- Intention to take another person’s property: A person must make a conscious choice to permanently deprive the victim of their property or to remove the property long enough that its owner cannot enjoy its value and benefits;
- Appropriation of personal property: The act must involve taking something that belongs to the victim (e.g. money, jewelry, phone, laptop, etc.);
- From a person or their immediate vicinity: The property must be taken from a person’s direct control (e.g. from their hands or pocket), or from a nearby location (e.g. their desk or shelf);
- Against the victim’s will: The victim must not have consented to the taking of their property;
- The use of force or fear: Elements of physical violence (e.g. hitting a victim) or intimidation (e.g. brandishing a weapon or threatening to harm the victim or their family) must be present.
What are the different types of robberies in California?
While every robbery involves taking someone else’s possession against their will, the specific circumstances surrounding the crime can and will impact the severity of charges and potential penalties upon conviction.
For these reasons, California law defines several different types of robberies, most commonly:
- First-degree robbery: Taking the property of someone who is using or just used an ATM, who is in their residence, or who is in a vehicle (i.e. driver or passenger);
- Second-degree robbery: Taking the property of someone who is not in their residence or using an ATM, and can also involve theft from a business or other non-personal property;
- Armed robbery: Using a weapon (such as a gun or knife) to take another one’s property;
- Carjacking: Taking a motor vehicle from another person by means of force or fear;
- Gang-related robbery: A robbery committed by a member of a criminal gang or for the benefit of the criminal gang.
Which criminal defense attorney in San Diego can best help me realize my legal rights?
Whether you wish to know more about robbery and offenses related to it or need an expert legal team to best represent you in the court of law, Monder Criminal Lawyer Group of San Diego should be your first choice.
Our team is composed of dedicated and highly experienced attorneys who are always ready to investigate the circumstances of your case, challenge the evidence presented by the prosecution, and negotiate with the court on your behalf.
If you wish to ensure that your rights are protected and that you receive a fair legal process, be sure to reach out to us today or pay us a visit at our office in the heart of San Diego’s Gaslamp Quarter and we’ll be sure to employ all our knowledge and resources to give your case the best chance of a positive outcome.