Find Legal Help DEFENDING AGAINST Burglary or Robbery CHARGES
As seasoned veterns of the courtroom and former prosecutors, we have the first-hand experience needed to navigate the complex legal system and ensure that you get the best defense possible.
What Is Robbery in Legal Terms?
Robbery, Penal Code 211 PC, differs from theft or larceny in that the perpetrator must have used force or intimidation to steal your property. A robbery charge may also come with an accompanying assault and/or battery charge. In California, the government must establish all of the following four criteria in order to classify a crime as a robbery:
1. The accused intentionally caused fear through the use of physical force or some other form of intimidation. While brandishing a weapon is the most common method, there are others.
2. The property was stolen from the victim’s immediate presence. Usually this means the property was stolen directly from your person, but robbery may also be applicable for home invasions.
3. The victim was fearful that they or their property would be unlawfully hurt. For example, if someone stole a wallet from someone’s pocket on the train, and they did not realize it at the time, that would be larceny, not robbery.
4. The accused attempted to escape while in possession of your property.
Degrees of Robbery
Attempting to navigate the legal system without the aid of an experienced robbery attorney is extremely difficult. There are many factors to consider, including the degree of robbery. In California, robbery is classified as a first or second degree.
First-degree robbery is when the robbery takes place:
- in an inhabited dwelling (usually a home)
- when the victim was working as a transit operator or taxi driver
- or when a victim was using an ATM. If the crime does not meet these qualifications, it is second-degree robbery.