San Bernardino Robbery Attorneys
California Law of Robbery
California Penal Code 211
California Penal Code Section 211 defines robbery as the taking of another person's property, from the person's possession or immediate presence, accomplished by force or fear.
The punishment for a robbery conviction in California is up to five years state prison. The penalty for robbery may be much more severe if weapons were used, or if someone was injured during the course of the robbery.
Our criminal defense attorneys defend clients against robbery charges throughout Los Angeles, San Bernardino County, Riverside and Orange County.
Below is what the state must prove in order to convict someone of robbery in California (based on the California Judicial Council's Jury Instructions):
The Jury Instruction on Robbery
To prove that the defendant is guilty of robbery, the People must prove that:
- The robbery defendant's intent to take the property must have formed before or during the time he used force or fear. If the defendant did not form this required intent until after using the force or fear, then the act does not amount to robbery.
- A person takes something for robbery purposes when he or she gains possession of it and moves it some distance. The distance moved may be short.
- The property taken may be of any value, however slight.
- A person does not have to actually hold or touch something to possess it. It is enough if the person has control over it or the right to control it, either personally or through another person.
- A store or business employee may be robbed if property of the store or business is taken, even though he or she does not own the property and was not, at that moment, in immediate physical control of the property.
- If a person honestly believes that he or she has a right to the property even if that belief is mistaken or unreasonable, such belief is a defense to robbery
- The force required for robbery must be more than the incidental touching necessary to take the property
- The application of force or fear may be used when taking the property or when carrying it away
- Property that is 80 feet away or around the corner of the same block from a forcibly held victim is not too far away, as a matter of law, to be outside the victim's immediate presence
- Multiple counts of robbery are permissible when there are multiple victims even if only one taking occurred.
1. The robbery defendant took property that did not belong to him;
2. The property was taken from someone else's possession and immediate presence;
3. The property was taken against that person's will;
4. The robbery defendant used force or fear to take the property or to prevent the person from resisting;
AND
5. When the robbery defendant used force or fear to take the property, he intended to deprive the owner of it permanently or to remove it from the owner's possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property.
Additional Resources Regarding Robbery
Definition of Robbery
Encyclopedia discuission of robbery law, evolution of robbery laws and history of the crime of robbery.
Armed Robbery Training Manual
Advises businesses how to avoid robberies and how to prepare staff to react to armed robberies.
Law Enforcement Robbery Courses
Analyzes patterns of robbery cases in the United States.
