Robbery

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Robbery Information

Most states define robbery as theft/larceny of property or money through the use of physical force or fear/intimidation against a victim. Where a deadly weapon such as a gun is used, or the victim suffers an injury, the robber may be charged as “armed” or “aggravated.” Unlike burglary, the crime of robbery almost always requires the presence of a victim who suffers an actual injury or is threatened with bodily harm.

 

For example, “Joe” approaches “Bob” from behind, demanding Bob’s wallet while pressing a hard object into his back. Fearing that Joe has a gun or other weapon, Bob gives up his wallet. If Joe did use a gun or deadly weapon, or if Bob suffered an injury, the charge would likely be elevated to “armed” or “aggravated” robbery.

CA PENAL CODE SECTION 211-215

211. Robbery is 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.

 

212. The fear mentioned in Section 211 may be either:
1. The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or,
2. The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of
the robbery.

212.5. (a) Every robbery of any person who is performing his or her duties as an operator of any bus, taxicab, cable car, streetcar, trackless trolley, or other vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, and used for the transportation of persons for hire, every robbery of any passenger which is perpetrated on any of these vehicles, and every robbery which is perpetrated in an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code which is inhabited, or the inhabited portion of any other building is robbery
of the first degree.
(b) Every robbery of any person while using an automated teller machine or immediately after the person has used an automated teller machine and is in the vicinity of the automated teller machine is robbery of the first degree.
(c) All kinds of robbery other than those listed in subdivisions
(a) and (b) are of the second degree.

 

213. (a) Robbery is punishable as follows:
(1) Robbery of the first degree is punishable as follows:
(A) If the defendant, voluntarily acting in concert with two or more other persons, commits the robbery within an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code, which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code, which is inhabited, or the inhabited portion of any other building, by imprisonment in the state prison for three, six, or nine years.
(B) In all cases other than that specified in subparagraph (A), by imprisonment in the state prison for three, four, or six years.
(2) Robbery of the second degree is punishable by imprisonment in the state prison for two, three, or five years.
(b) Notwithstanding Section 664, attempted robbery in violation of paragraph (2) of subdivision (a) is punishable by imprisonment in
the state prison.

 

 

214. Every person who goes upon or boards any railroad train, car or engine, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or care or under the control of any such passenger or other person, or who interferes in any manner with any switch, rail, sleeper, viaduct, culvert, embankment, structure or appliance pertaining to or connected with any railroad, or places any dynamite or other explosive substance or material upon or near the track of any railroad, or who sets fire to any railroad bridge or trestle, or who shows, masks, extinguishes or alters any light or other signal, or exhibits or compels any other person to exhibit any false light or signal, or who stops any such train, car or engine, or slackens the speed thereof, or who compels or attempts to compel any person in charge or control thereof to stop any such train, car or engine, or slacken the speed thereof, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or charge or under the control of any such passenger or other person, is guilty of a felony.

 

 

215. (a) “Carjacking” is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear.
(b) Carjacking is punishable by imprisonment in the state prison for a term of three, five, or nine years.
(c) This section shall not be construed to supersede or affect Section 211. A person may be charged with a violation of this section
and Section 211. However, no defendant may be punished under this section and Section 211 for the same act which constitutes a
violation of both this section and Section 211.