Robbery PC 211 (Penal Code 211)
Robbery PC 211 (Penal Code 211)
Crime: Robbery
Code Section: Penal Code 211 (click here to view the statute)
Related CALCRIM: 1600, 1602
PC 211 Brief Summary:
Penal Code 211 defines “robbery” as “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.” Penal Code 212.5 goes on to define first and second-degree robbery. All robbery is second-degree robbery, unless it falls into one of the first-degree robbery categories defined in Penal Code 212.5 (such as robbing someone at an ATM, robbing someone inside a residence, or robbing a taxi cab driver or bus driver). Robbery is charged in situations where a person uses force or fear to take property from the presence of someone else. For example, a shoplifter can be charged with felony robbery if they use force or fear to escape the store with the stolen merchandise. Robbery (both degrees) is a felony strike offense.
PC 211 Elements:
To prove someone guilty of this crime, the government must prove:
- The defendant took that was not theirs;
- The property was in the possession of another person;
- The property was taken from the other person or that person’s immediate presence;
- The property was taken against that person’s will;
- The defendant used force or fear to take the property or to prevent the person from resisting;
- When the defendant used force or fear, the defendant intended to deprive the owner of the property permanently.
PC 211 Punishment:
According to Penal Code 213, second degree robbery is a felony punishable by three, four, or six years in prison. First degree robbery has an even higher maximum exposure, in some cases as much as nine years in state prison. In all robbery cases where a person has not been sentenced to prison, probation can be granted for this offense. Other fines, fees, and possible probation terms could be applied. Robbery is a “strike” offense, meaning that a conviction can be used against you in the future to drastically increase your maximum exposure and potentially make you eligible for life in prison if you were convicted of a qualifying offense after having been previously convicted of two other prior strikes. “Strike” offenses can also be used against you in other ways.
PC 211 Lesser Included Offenses:
A lesser included offense is one that contains all of the elements of the charged offense, but for which the consequences are less severe. Typically, a conviction for a lesser included offense only occurs when there is no conviction for the more serious offense. An attempt is often times a lesser included offense to a charged offense and occurs when the defendant intended and tried to commit the charged offense, but for whatever reason, was unable to finish committing that crime. The following are other potential lesser included offenses for Penal Code 211:
- Penal Code 488-Petty Theft
- Penal Code 457-Grand Theft
PC 211 Related Charges:
- Penal Code 136.1-Intimidating a Witness
- Penal Code 209-Aggravated Kidnapping
- Penal Code 215-Carjacking
- Penal Code 245(a)(1)-Assault With A Deadly Weapon
- Penal Code 422-Criminal Threat
- Penal Code 488-Petty Theft
- Penal Code 457-Grand Theft
Have You Or A Loved One Been Charged With a Crime?
If you or a loved one has been charged with a crime, it is important to make sure that your rights (or those of your loved-one) are protected. Any criminal conviction can have a severe and far-reaching impact on a person’s future. Criminal convictions can result in expensive fines, orders to pay restitution to an alleged victim, restrictive probation terms, court-ordered classes, and can result in significant time behind bars. In short, a criminal conviction can have devastating and life-long consequences that impact and jeopardize every aspect of a person’s life from future job prospects, to family-life, to a person’s very freedom.
Criminal defense attorney and former Riverside County prosecutor Gregory Rollins uses his unique experience and expertise to defend the rights of the accused and provide meaningful legal advice to his clients. Every client is unique. Each client has different needs. No two cases are exactly the same. Attorney Rollins understands these things and is committed to seeking an outcome in each case that takes into account all of these factors. For every case, Attorney Rollins develops a unique legal strategy that incorporates the needs of the client with the best possible legal defenses to the crimes charges to secure the best possible outcome for every client in every case.
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