The crime of robbery describes the use of force or intimidation to take personal property from another person's immediate presence. To prove the offense of robbery in California, a prosecutor must establish:
California state laws create two types of robbery -- first degree and second degree. First degree robbery occurs if:
The state charges second degree robbery for all robberies that do not meet the definition of first degree robbery.
California Penal Code Section 211 (defining robbery)
California Penal Code Section 213 (punishments for robbery)
First degree robbery is punishable by 3, 4, or 6 years imprisonment. If a robbery includes conspiracy and takes place in a home or other inhabited dwelling, it can be punishable by 3, 6, or 9 years imprisonment.
Second degree robbery is punishable by 2, 3, or 5 years imprisonment.
Defenses can include:
See Robbery Defenses for more details.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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To be convicted of robbery, the prosecution must show the presence of certain conditions. Some of these can depend on such things as the defendant's intent or whether the victim felt intimidated, aspects that can be hard to establish in some cases. Get in touch with an experienced criminal defense attorney in your area today for an initial evaluation of your case at absolutely no charge to you.
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