What you need to know about robbery charges in California

What you need to know about robbery charges in California

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Robbery is the act of taking another person’s property through force or violence. Theft, on the other hand, does not need to involve force necessarily. There are categories in each of these criminal offenses and different punishments if someone were found guilty.

According to Nolo, theft, which is called larceny in some states, covers a wide variety of criminal offenses. Some types of theft are:

• Taking someone’s money or personal property without permission;
• Carrying the property away, and
• Intending to keep the property permanently.

In theft cases, the victim does not need to be present. For example, someone stealing a parked car or a tip left on a restaurant table.

Nonetheless, theft can also be related to services such as electricity services, hotel accommodations, and public transportation.

What is the definition of robbery?

Robbery, like theft, involves taking money or property without permission. However, force and violence must be involved, as we explained at the beginning of this article.

Typical elements of robbery:

• Taking money or property;
• With the intent to keep the property permanently
• Without the property owner’s consent
• By the use of force or intimidation.

In this case, the victim must be present. An example could be two people entering a bank with armed guns and demanding money from the teller.

How can you be charged with robbery in California?

Under California Penal Code 211 PC, to be charged with robbery, a district attorney must prove that you:

• Used forced, violence, or threats of violence to;
• Take another person’s property;
• From his or her immediate possession;
• With the purpose of permanently depriving the owner of it.

In San Diego, robbery can be divided into two degrees: First and Second-Degree Robbery. The classification into one or the other depends on the severity of the crime committed.

First-degree robbery is a more serious crime than second-degree robbery. Nonetheless, they are both considered felonies, and you can face steep fines, imprisonment in state prison, formal probation, and the loss of firearm rights.

To be charged with first-degree robbery, you must have attempted to rob someone who:

• Was a driver or passenger in a fare-based vehicle, such as a taxi, a rideshare vehicle like Uber or Lyft, a pedicab, or a limousine.
• Was inside an apartment, house, boat, trailer coach, store, or business.
• Was at or recently visited a nearby ATM.

Penalties for robbery

Penalties for first-degree robbery include:

• Up to three, four, or six years in a California state prison
• $10,000
• Formal probation

If the crime took place at a concert and involved two or more individuals, the sentence can be enhanced to three, six, or nine years.

Second-degree robbery can lead to the same penalties, without the enhancement. Nonetheless, the felony charge can follow you even after being released from prison. It can prevent you from obtaining a job, purchase a firearm, you will be barred from specific government jobs, and blocked access to certain housing. 

Why is it important to fight robbery charges?

If you are facing robbery charges, it is crucial to have an appropriate criminal defense. As we just mentioned above, these charges can haunt you for the rest of your life. However, a criminal defense lawyer in San Diego, California, will provide the representation you need in court, guide you through the defense process, answer all of your questions, and proceed in your best interests.

Contact Kannan Law today in San Diego. We practice criminal defense, immigration, and personal injury.