Robbery

Robbery is considered a serious crime due to its inherent threat and danger to victims. It involves using force, intimidation, or threats to take someone's possessions unlawfully. Unlike simple theft, which occurs without confrontation, robbery entails direct conflict or the threat of violence.

In California, robbery is addressed under Penal Code Section 211, classified as a felony. A conviction carries enhanced penalties, including imprisonment and substantial fines. Therefore, promptly seeking assistance from a Bakersfield criminal defense attorney at the California Criminal Lawyer Group is crucial. We will help you navigate the legal complexities associated with these charges.

Robbery as Addressed Under Penal Code 211

Penal Code Section 211 clearly outlines robbery as the unlawful act of taking personal property from someone's possession or immediate presence against their will. This is achieved through the use of force or by inducing fear.

The courts require the prosecution to prove specific elements for you to be found guilty. They must demonstrate the following:

1. Felonious intent — You must harbor the intention to commit robbery. This intent shows that you acted deliberately and with a criminal motive. Additionally, you must have intended to take the property permanently or long enough to deny the owner a significant portion of the property’s value.
2. Taking personal property — The act entails taking or attempting to take someone's private property, including money or valuables. The property should not be your own.
3. From another person's possession or immediate presence — The property in question must be in the possession of another individual, and the act must occur in their immediate presence.
4. Against their will — Taking property should go against the will of the person in possession, indicating a lack of voluntary surrender.
5. Accomplished by force or fear — Committing the crime necessitates using force, intimidation, or instilling fear. This aspect distinguishes robbery from other forms of theft.

Let us look at each of the elements in detail.

• Taking Another Person’s Property

Taking someone else's property during a robbery involves two essential actions:

1. Gaining possession of the items and
2. Moving them, even if the distance covered is very short.

This definition highlights the forceful and deliberate nature of the robbery, emphasizing the necessity for both physical control and the removal of property from the victim's possession.

• In Possession of Another Person

"In the possession of another person" means that someone has direct or indirect control of the property. Ownership is not the only point of focus. This element emphasizes that the targeted property belongs to someone else and is immediately under their control or owned by them.

For example, if an individual is carrying a wallet or using a smartphone, these items are considered "in the possession of" that individual. Taking property in someone else's possession without their consent is thus a crucial element.

Possession can be actual or constructive.

Actual possession involves physical control and direct contact with an object. For example, if you hold a wallet or carry a backpack, you possess those items.

On the other hand, constructive possession is less tangible and does not necessitate direct physical control. It is based on the ability to control or influence an object, even if it is not physically on your person. For example, having keys to a safe deposit box or storing valuables in a specific location constitutes constructive possession.

• From Another’s Immediate Presence

Property is considered in a person's "immediate presence" if it is within their physical control to the extent that they could have retained possession of it had the robbery not occurred. This definition underscores the importance of proximity. It emphasizes that unlawful taking involves property close enough to the individual to create a direct threat or confrontation.

• Against the Owner’s Will or Consent

Against the property owner's will" indicates that the action occurred without the property owner's consent.

While consent is inherently a voluntary act, robbery distinctly prevents the victim from willingly surrendering their property. This underscores the coercive nature of the act. It highlights that, unlike consensual transactions, robbery involves forcefully taking belongings without the owner's agreement or choice.

Note: You could face robbery charges even if you were unaware that your actions constituted such an offense.

• Use of Fear or Force

Per PC 211, fear or force in robbery cases can happen in two ways:

1. The fear of unlawful injury to the victim, his/her property, or that of his/her relatives or family members.
2. The fear of immediate and unlawful injury to anyone in the victim’s company at the time of the robbery.

California courts have made it clear that if you drug the victim and take their property, you can be deemed to have used force or fear to commit a robbery. This legal standpoint recognizes that actions like drugging someone to facilitate the theft of their belongings meet the criteria for a robbery offense.

Note: The slight, harmless touching during pickpocketing that takes something off another person does not count as 'force or fear' for a robbery. While it could still be theft, it does not fulfill the specific requirements for a robbery charge.

Types of Robbery

Depending on specific circumstances, robbery is categorized as either first or second-degree.

• First-Degree Robbery

First-degree robbery includes instances such as:

1. Robbing operators of public transportation, passengers on those vehicles, or
2. Committing robbery in inhabited dwellings, vessels, floating homes, trailer coaches, or specific building portions.

Additionally, robbing someone using an automated teller machine (ATM) falls under first-degree robbery.

• Second-Degree Robbery

All other robbery cases not falling into these specific categories are classified as second-degree robbery.

Estes Robbery

In situations involving shoplifting from a store and using force or fear against store employees to steal merchandise or evade apprehension, you could face robbery charges. This scenario is known as an Estes robbery. The concept was formulated in People v. Estes. In this notable case, an individual stole a coat and wielded a knife at a store security guard, attempting to intervene.

Crucially, for a conviction of an Estes robbery, you must physically take items from the store. Instances where items are acquired through false pretenses do not meet the criteria for robbery. This underscores the importance of the physical act of taking and using force or fear to prevent immediate resistance or pursuit, as established by the Estes legal precedent.

Fighting Robbery Charges

Challenging your robbery charges requires meticulously evaluating your case to pinpoint the optimal defense strategy. An effective defense depends on closely examining the specific details surrounding your case. This approach requires scrutinizing the events leading to the alleged offense, understanding the nature of the purported robbery, and identifying mitigating factors.

Here are a few defenses that apply to robbery charges:

• You Did Not Use Fear or Force to Take the Property

When disputing robbery charges, one approach is to ascertain whether force or fear genuinely played a role in acquiring the property. This strategy demands a detailed analysis of the events leading up to the alleged robbery, aiming to show that neither force nor fear contributed to obtaining the property.

By delving into the case specifics, the defense aims to underscore any lack of evidence indicating forceful or intimidating behavior during the alleged commission of the crime. This entails closely scrutinizing witness statements, surveillance footage, or other evidence supporting the argument that force or fear was not involved in acquiring the property.

In instances where you took or attempted to take someone's property, it is plausible that the alleged victim could have been intimidated enough to surrender the property without explicit force or fear. This aspect strengthens your assertion that the acquisition was not coerced through specific actions causing intimidation.

• Honest Belief in Your Right to the Property

If you sincerely believe you have a right to the property, this belief can serve as a defense in your case. This defense strategy establishes that your honest belief in a legitimate entitlement to the property in question drove your actions.

When presenting this defense:

1. Emphasize the genuine nature of your belief in having a rightful claim to the property. Provide details on the circumstances or information that led you to believe in your legitimate right to take or use the property.
2. Illustrate that your belief was based on reasonable factors. Highlight any information, agreements, or circumstances that objectively supported the idea that you had a lawful right to the property.
3. Establish that your actions were not motivated by criminal intent or an intention to commit theft. Instead, your belief in your right to the property guided your actions.
4. Present any relevant documentation, agreements, or legal justification that supports your belief in having a right to the property. Documents include contracts, permissions, or other legal foundations.

• Your Accuser Mistakenly Identified You as the Culprit

If you find yourself wrongly identified as the perpetrator, your defense revolves around establishing that a mistake in identity has occurred. This defense strategy involves challenging the accuracy and reliability of the identification made against you.

In presenting this defense:

1. Provide a credible alibi that places you in a different location during the alleged crime. This can be substantiated by documentation, witness statements, or other evidence confirming your presence elsewhere.
2. Question the reliability of eyewitness accounts that led to your identification. Factors like stress, lighting conditions, or the passage of time can influence eyewitness testimony.
3. If available, obtain and present surveillance footage that contradicts the identification made against you. Video evidence can be crucial in establishing a case of mistaken identity.
4. Challenge any forensic evidence that could have been misinterpreted or inaccurately linked to you. This involves scrutinizing the collection and analysis processes to ensure their validity.
5. Highlight any inconsistencies in witness statements or law enforcement reports that suggest a lack of certainty in the identification.

By effectively conveying that you are a victim of mistaken identity, you aim to instill reasonable doubt about your involvement in the alleged crime. This approach entails systematically dismantling the factors that led to your identification and presenting a compelling case for your innocence.

• You Were Falsely Accused

You can challenge the robbery charges by asserting that you were falsely accused. People accuse others of wrongdoing for a myriad of reasons. When facing accusations of robbery, incorporating these reasons into your defense becomes crucial. Here is how attorneys approach it:

1. Attorneys will investigate potential motives for malicious intent, like personal conflicts or vendettas. Build a narrative that challenges the accuser's credibility, highlighting any bias they have.
2. If there are signs that the accuser faced duress or pressure from law enforcement, your attorney will delve into these aspects in your defense. He/she will scrutinize the circumstances of interviews or interrogations.
3. He/she will address concerns about the accuser's mental health in your defense. Expert opinions or medical assessments are vital in determining their mental state during the accusation.
4. Criminal defense attorneys demonstrate instances of miscommunication or misunderstanding that could have led to false accusations. Present evidence of unclear communication, misinterpretations, or conflicting accounts of events.
5. If substance abuse played a role, evidence or witness statements supporting this claim are necessary. Attorneys will demonstrate how intoxication could have affected the accuser's perceptions and recollections.
6. It is crucial to explore external factors like societal prejudices or pressures that could have influenced the accuser's decision to make false accusations. Present evidence of cultural biases or external influences impacting their judgment.

Attorneys investigate if the accuser made false accusations to protect themselves or others. They highlight any evidence indicating a need for self-preservation or protection of others.

Consequences of Robbery

The penalties you risk facing depend on the charges you are convicted of. Additionally, any aggravating circumstances will make you likely to face additional penalties for the offense.

Robbery, in the first degree, is a felony. Sentences for the offense include the following:

1. 3, 4, or 6 years in prison.
2. A maximum fine of $10,000 or both.
3. Formal or felony probation instead of prison time.

However, if you commit a first-degree robbery on an inhabited structure with two or more accomplices, a conviction will result in:

1. 3, 6, or 9 years in prison.

Second-degree robbery is also a felony. Convictions result in the following penalties:

1. 2, 3, or 5 years in prison.
2. A maximum fine of $10,000 or both.
3. Formal or felony probation instead of prison time.

Sentence Enhancement

Aggravating factors can trigger a sentence enhancement in a robbery case. The issues of concern in robbery cases are:

1. The use of a gun and
2. The victim sustaining a great bodily injury (GBI).
3. Whether you have a prior strike on your criminal record.

Use of a Gun

Penal Code 12022.53  is also known as the “10-20-life use a gun and you are done” law. This law applies when the robbery incident involves the use of a firearm.

1. You will receive an extra ten years to your sentence for personally using a firearm in a robbery.
2. An additional 20 years for personally and intentionally firing a gun during a robbery.
3. A further 25 years to life if, during a robbery, the use of a firearm results in causing great bodily injury or death to a person.

Great Bodily Injury Enhancement

Under Penal Code 12022.7, a great bodily injury is a significant or substantial physical harm. Additionally, PC 12022.7 outlines different penalty enhancements for various victims. Here is a look at the potential penalties:

1. An additional three years in prison if, during the robbery, you cause substantial bodily injury to someone other than an accomplice.
2. An additional and consecutive five-year term for more severe cases resulting in victim coma or permanent paralysis due to inflict great bodily injury.
3. An extra and consecutive five-year term if, during a felony, you inflict GBI on a victim aged 70 or older.
4. An additional and consecutive term of four, five, or six years for inflicting GBI on a child under five during a felony.
5. An additional and consecutive term of three, four, or five years in cases involving domestic violence during a robbery that causes the victim to suffer great bodily injury.

Prior Strikes on Your Criminal Record

Committing robbery in California makes it a strikeable offense under the Three Strikes Law. This law was enacted in 1994. It brings increasingly severe penalties for individuals with prior serious or violent felony convictions, such as robbery. Here's a straightforward breakdown tailored for your understanding:

1. First strike — If you have no prior serious or violent felony convictions, expect standard sentencing for the current offense.
2. Second strike — Should you have one prior serious or violent felony conviction and are convicted of a new felony, robbery in this case, your sentence for the new offense doubles. Plus, you must serve at least 80% of your sentence before parole eligibility.
3. Third strike — If you have two or more prior serious or violent felony convictions and face a new felony conviction for robbery, the law mandates a sentence of 25 years to life in prison. A third strike could mean a life sentence, with a minimum of 25 years before parole eligibility.

Robbery Cases Involving Multiple Victims

In California, the number of counts in a robbery case is determined by the number of victims, not the quantity of items stolen. Each victim constitutes a separate count.

If a single robbery incident involves multiple individuals as victims, it results in numerous counts of robbery—one for each victim. The focus is on the unique harm or threat experienced by each person. This approach allows for a nuanced assessment of criminal conduct.

Conversely, if a single victim is targeted, even if multiple items are stolen in the same criminal act, it results in a single count of robbery.

Offenses Related to Robbery

• Carjacking

Carjacking involves the unlawful seizure of someone else's motor vehicle, using force or instilling fear, and with the intent to take away their possession. It is a crime under PC 215.

For the jury to convict, certain key elements must be present:

1. You took possession of a motor vehicle.
2. The vehicle must be taken from someone else, whether the owner or someone currently possessing the car.
3. Your taking should occur without the consent of the person who was in possession of the vehicle.
4. You used force or instilled fear in the victim.
5. The act aimed to permanently or temporarily deprive the person in possession of their vehicle.

Carjacking is a felony. Convictions result in the following penalties:

1. 3, 5, or 9 years in prison.
2. A maximum fine of $10,000 or both.
3. Formal or felony probation with up to one year in jail.

Further, convictions result in the sentence enhancements outlined above for gun use and inflicting great bodily injury to the victim. Additionally, a conviction would result in PC 186.22 penalties.

A conviction under Penal Code 186.22, known as California's criminal street gang enhancement, brings an automatic and substantial consequence: a fifteen-year-to-life prison sentence. This penalty is imposed in addition to and consecutively with any penalties resulting from charges under Penal Code 215 PC for carjacking.

In carjacking cases, the felony murder rule can apply. This legal principle holds that if a death occurs during the commission of certain felonies, carjacking being one of them, the perpetrator can face murder charges. Importantly, this applies even if the individual did not intend harm or directly cause the death.

The felony murder rule essentially holds individuals accountable for any deaths that happen as a result of their involvement in inherently dangerous felonies. Even if the victim does not lose their life directly in furtherance of the carjacking, the felony murder rule can still apply. The key criterion is the logical connection between the death and the commission of the crime.

Find a Criminal Defense Attorney Near Me

Facing robbery charges is an immensely challenging situation. It demands comprehensive support to safeguard your rights and assert your innocence throughout the legal proceedings. In this critical juncture, the assistance of Bakersfield attorneys becomes invaluable. Their expertise is pivotal in maneuvering the intricacies of your case, formulating a solid defense strategy, and striving for the most favorable outcome. Experienced legal representation can significantly impact the protection of your rights and the pursuit of a fair resolution.

Contact our experienced team at California Criminal Lawyer Group at 661-750-8230 for further assistance.