Sec 211 of the California Penal Code defines the crime of robbery as the unlawful taking of the property of another from another’s possession or immediate presence against their person’s will through the use of force or threats with the intention of depriving the owner of the value of the property or eventual ownership.
This is a continuing offense and there is no requirement that that the elements in a specific order or time frame. This crime is only complete when the individual who took the property with intent to gain to deprive another of their ownership has been caught.
The value of the property is irrelevant, regardless of slightness or greatness. The taking needs to be completely gaining possession of their victim’s property and eventually carrying it away. This is always prosecuted as a felony offense and the imposable penalty depends on the determination if the offense committed was of the first or second degree.
In first degree robbery, this is committed upon drivers or passengers of any kind of commercial vehicle, inhabited homes or an individual who had just finished using an ATM. The accused stands to face either a three, six or nine years in state prison when done with a partner or a gang and the target was an inhabited home or building. Without the aggravating circumstances, the imposable penalty would either be three, four or six year prison time.
In second degree robbery, this is done under circumstances not covered under the first degree robbery definition. The imposable penalty for this offense would be two, three or five years in state prison.
There are other pertinent information on this criminal offense, which are as follows:
a) Having multiple victims means separate acts and if the act was done in one fell swoop with many victims, then there would be only one criminal offense;
b) Sec 12022.7 of the California Penal Code means that the robbery was committed with great bodily injury on the victim. When this is proven, then there is an additional three to six years in prison consecutive to the penalty of the robbery conviction;
c) Sec 186.22 of the California Penal Code involves criminal street gang enhancement. When the said act is for the benefit of or under the direction of or in consonance with criminal street gang, then an additional ten years would be added to the sentence;
d) Sec 12022.53 of the California Penal Code involves “10-20 life use a gun and you’re done”. This would add twenty years when the robbery was done through the use of a gun and twenty five years if death or serious injury ensues because of the use of the gun.
The crime of robbery is a serious offense in California. Should you be or know anyone facing any of these charges, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.