Is Robbery a Felony?

Posted on June 28, 2021

Robbery is a felony in most states, including California. This is the case for both first-degree robbery and second-degree robbery. Both offenses carry more than a year in prison. There are also numerous sentencing enhancements, such as for armed robbery, that can increase the prison time. Because all of these offenses are felonies, the collateral consequences for a conviction are significant.

What are the robbery laws in California?

In California, there are 2 types of robbery cases:

first-degree robbery, and
second-degree robbery.

Under California’s robbery statute, the legal definition of the crime of robbery prohibits:

using force, fear, or the threat of force…
to take someone else’s personal property…
from their person or their immediate presence…
against their will.¹

The prosecutor has to prove the following elements of the crime beyond a reasonable doubt:

the property that was taken was not the defendant’s,
the property was in someone else’s possession,
the defendant took the property from the other person, or from his or her immediate presence,
the property was taken against the owner’s will,
the defendant used force or fear to take the property or to keep the other person from resisting, and
when the defendant used force or fear, he or she intended to permanently or materially deprive the owner of the property.²

Regardless of the degree of robbery, the crime is always a felony in the state of California. It is never a misdemeanor. This makes it even more important to have a skilled criminal defense attorney to help defend against the charge.

Are there differences between first-degree and second-degree robbery charges?

Yes, the penalties for a conviction for first-degree robbery are higher than for second-degree robbery.

Under California criminal law, the default is second-degree robbery. All robbery offenses are in the second-degree unless:

the victim was the driver or a passenger of a bus, taxi, subway, or other transportation for hire,
the robbery took place in an inhabited house, boat, or trailer, or
the robbery took place while the victim was using an ATM, or immediately thereafter.³

If any of these conditions are proven by law enforcement, it is first-degree robbery.

Both first- and second-degree robbery are violent felonies in California.⁴

Both offenses are more severe than other theft crimes in California. Criminal charges like shoplifting, theft, or larceny involve stolen property, but not the use of force.

What about armed robbery and aggravated robbery?

California does not have separate offenses for armed or aggravated robbery. This makes it different from most other states.

Instead, California imposes a sentencing enhancement. The enhancement covers robberies that involved a firearm or deadly weapon. It also covers robberies that hurt the victim.

What are the penalties of a conviction?

The penalties of a robbery conviction depend on:

the degree of robbery,
the facts of the case, and
whether there are any sentencing enhancements.

Because all convictions carry at least a year in prison, though, they are all felony-level offenses.

First-degree robbery carries up to:

3, 4, or 6 years in a California state prison,
$10,000 in fines, and/or
felony probation.⁵

If the first-degree robbery was done in an inhabited structure and with 2 or more other people, the prison sentence increases to 3, 6, or 9 years.⁶

Second-degree robbery carries up to:

2, 3, or 5 years in state prison,
$10,000 in fines, and/or
felony probation.⁷

Both degrees of robbery are subject to penalty enhancements. Under these enhancements, if the defendant:

causes a great bodily injury while committing a robbery, he or she can see 3 to 6 years added to their sentence,⁸
uses a firearm during the robbery, it will add 10 years to the sentence,⁹
personally and intentionally fired a gun during the robbery, it will add 20 years to the sentence,¹⁰ or
causes a great bodily harm or injury or death with a firearm, it will add 25 years to life to the sentence.¹¹

These penalties are for each count of robbery. In California, each count stands for a victim, not for a piece of property taken.

For example: Dave punches both Sally and Frank in order to rob Sally’s purse. Dave can face 2 counts of robbery because he applied the use of force on 2 people, even though he only robbed 1 person’s property.

Because robbery is considered a violent felony, it will also count as a “strike” under California’s Three Strikes law.

These are just the penalties that are imposed by the criminal justice system. There are also the collateral consequences of having a felony on your criminal background. These can make life difficult by:

stripping defendants of their right to own, possess, or use firearms,
requiring defendants to admit to having a prior felony conviction on job applications, and
stripping defendants of professional certifications or making them ineligible to get one needed for their job.

Because it is a felony, robbery is a serious crime. By establishing an attorney-client relationship with a criminal defense lawyer from a local law firm, you can raise the legal defenses necessary to combat the charge.

Legal References:

California Penal Code 211 PC.
California Criminal Jury Instructions (CALCRIM) No. 1600.
California Penal Code 212.5 PC and CALCRIM No. 1602.
California Penal Code 667.5 PC.
California Penal Code 213 PC.
Same.
Same.
California Penal Code 12022.7 PC.
California Penal Code 12022.53 PC.
Same.
Same.

About the Author

Neil Shouse

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, Court TV, 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.