Being accused of robbery is serious, and the potential jail time can be significant.
California treats robbery as a violent crime, with harsh penalties that depend on several important details. If you or someone you care about is facing robbery charges, it’s important to speak with a skilled criminal defense attorney as soon as possible.
What is robbery under California law?
In California, robbery is defined under Penal Code 211 as taking personal property from someone else’s possession by force or intimidation. To convict someone of robbery, prosecutors must prove:
- You took property that didn’t belong to you.
- The property was in the immediate possession or control of another person.
- You took the property directly from the victim or in their immediate presence.
- You used force or fear to accomplish the taking.
- You intended to permanently deprive the owner of the property.
First-degree vs. second-degree robbery
California divides robbery into two categories: first-degree and second-degree. Each carries different penalties.
First-degree robbery
Robbery is considered first-degree when:
- It occurs in an inhabited dwelling (such as a home, apartment, or hotel room).
- The victim is a driver or passenger of a bus, taxi, subway, or other public transportation.
- The robbery happens at or near an ATM.
Example: Mark forces someone at an ATM to hand over cash using threats. This qualifies as first-degree robbery.
Second-degree robbery
Second-degree robbery is any robbery that doesn’t meet the criteria for first-degree robbery.
Example: Sarah grabs a purse from a pedestrian on the street after threatening harm. Since this robbery doesn’t involve the specific conditions outlined for first-degree robbery, it is considered second-degree.
Penalties for robbery in California
Robbery is always a felony offense in California, but penalties vary based on the degree and details of the crime.
First-degree robbery penalties
- 3, 4, or 6 years in state prison.
- If the robbery involved multiple victims, you may face separate sentences for each victim.
Second-degree robbery penalties
- 2, 3, or 5 years in state prison.
Additional factors affecting robbery penalties
Several details can significantly enhance penalties for robbery:
- Use of a weapon – Using or displaying a firearm can add 10 years to your sentence. Discharging a firearm can add 20 years. Causing serious injury with a firearm can result in an additional 25 years to life.
- Gang involvement – If the robbery is connected to gang activities, penalties can substantially increase.
- Victim injuries – If the victim suffers significant bodily harm during the robbery, this can result in harsher penalties.
- Prior criminal record – California’s Three Strikes Law can significantly enhance sentences for repeat offenders.
Special scenarios: Robbing liquor/convenience stores and banks
Robbing liquor or convenience stores
Robbing liquor or convenience stores typically falls under second-degree robbery unless aggravating factors such as weapons or serious injury occur. Even without these factors, offenders face serious penalties of 2, 3, or 5 years in state prison. The use of weapons, injuries, or gang affiliations can elevate the charges and significantly increase sentencing.
Example: David threatens a convenience store cashier with a knife, taking money from the register. He could face second-degree robbery charges, enhanced due to the use of a weapon.
Robbing banks
Bank robbery cases often involve federal charges due to the financial institution’s federal protections. However, even under California law, bank robberies are aggressively prosecuted. Penalties include lengthy state prison terms, especially if threats or weapons are involved.
Example: Jessica passes a note to a bank teller demanding money, implying she has a gun. She could face serious felony robbery charges with substantial prison time due to the severity and federal implications.
Common defenses to robbery charges
- Mistaken identity – Witnesses can make errors, and demonstrating mistaken identification can help your defense.
- No use of force or fear – Showing the victim voluntarily handed over the property or that no force or intimidation was involved can challenge robbery charges.
- Claim of right – If you genuinely believed you owned the property taken, this could provide a valid defense.
- Insufficient evidence – Challenging the prosecution’s evidence or highlighting gaps and inconsistencies can weaken their case against you.
Why you need an experienced criminal defense attorney
Robbery charges carry severe penalties that can drastically affect your life. It’s crucial to have a skilled attorney who understands California’s complex robbery laws and can aggressively defend your rights.
Helfend Law Group has successfully defended thousands of criminal cases, including robbery charges, providing strategic representation and personalized attention.
If you or a loved one is facing robbery charges in California, don’t wait. Call Helfend Law Group today at 800-834-6434 for a confidential and free consultation.
Published March 20, 2025.