Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Yes, robbery is generally prosecuted as a felony offense. However, most states classify two different degrees of robbery. The less-severe degree may be a misdemeanor in some rare cases. Defendants may also be able to avoid a felony conviction through a plea deal. This is often done by pleading guilty to the crime of theft.
Robbery is the crime of theft, accomplished through the use of force or fear. In California, for example, the elements of the crime of robbery are:
Because robbery requires the use of physical force or fear and is often a violent crime, it is a more serious offense than theft.
Most states recognize 2 different types of robbery. These are:
Generally, all robbery charges are second-degree unless they include a specific factor. If they include that factor, they become charges of first-degree robbery. In California, the factors that elevate second-degree robbery to first-degree robbery are:
Other states may use different factors to elevate the offense.
A couple of states’ criminal laws, like New York, have a third-degree robbery offense.[3] Aggravating factors can then elevate it to either second- or first-degree charges.
The criminal penalties for a felony robbery conviction depend on the state. However, even second-degree robbery is generally a felony offense. In most states, robbery is not even the least severe type of felony. Convictions carry substantial prison time.
In California, for example, first-degree robbery convictions carry:
A conviction for a second-degree robbery offense in the state carries:
These penalties are considerably higher than the 1-year prison sentence that draws the line between a felony and a misdemeanor.
The penalties for a robbery conviction can be enhanced, or made even higher, in a variety of ways. Just a few of these aggravating factors are when you commit robbery and:
For example, the prison time for California first-degree robberies increases if you rob an inhabited structure in concert with 2 or more other people. Rather than a sentence of 3, 4, or 6 years, you could face 3, 6, or 9 years in prison.[6]
It is extremely rare for robbery to lead to a misdemeanor conviction. If you are convicted for robbery, typically the only way for it to be a misdemeanor is if it was the result of a plea deal.
A common tactic during the plea bargaining process is charge bargaining. This is when you and your criminal defense attorney offer to plead guilty, but only if the charge is reduced.
If you have been charged with robbery, this generally involves offering to plead guilty to a theft offense. In many states, theft or larceny can be a misdemeanor if the value of the property taken is less than a certain amount. In California, that amount is $950.[7] A theft conviction for an amount lower than that is petty theft which, if you do not have a bad criminal record, carries up to:
The criminal defense lawyers at our law firm have found that this type of plea bargain is not uncommon. Depending on your interests, this defense strategy may be worth pursuing, particularly if the prosecutor has a weak case against you. You may even be able to avoid jail time.
Legal References:
[1] California Criminal Jury Instructions (CALCRIM) No. 1600.
[2] California Penal Code 212.5 PC.
[3] New York Penal Code 160.05.
[4] California Penal Code 213 PC.
[5] Same.
[6] Same.
[7] California Penal Code 488 PC.
[8] California Penal Code 490 PC.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.