In California, police code 211 is for a robbery or armed robbery, which is covered by California Penal Code section 211. There are also police codes for robbery alarms. Code 211A is for when a normal robbery alarm has been reported. Code 211S is for a silent robbery alarm.
What is robbery in California?
The crime of robbery in California involves the following elements:
- you took property that was not yours,
- that property had been in another person’s possession,
- you took the property from the immediate presence of that other person,
- you took it against the person’s will,
- you used fear or force to take the property or to prevent the other person from resisting, and
- in using force or fear, you intended to permanently deprive the owner of the property, or deprive them of a major portion of the property’s value.[1]
Robbery is different from petty theft or grand theft offenses in 2 ways:
- robbery requires the property to be in the victim’s immediate presence, and
- robbery requires the use of force or fear in taking the property.
This makes robbery a more violent, and therefore a more severe offense. While these other offenses may be misdemeanors, robbery is generally a felony offense.
Additionally, robbery is based on the victim impacted, not the property taken. You can face multiple counts of robbery if you use force against multiple people, even if you only take one person’s property.[2]
What is a police code?
A police code is a shortened description of a potential criminal offense or other communication. Police officers and police dispatch departments use these codes to inform other officers about what is going on in the field. Police use codes over the radio for several reasons:
- to better prepare enroute officers for the situation they will find,
- to help police perform investigations,
- to communicate during stakeouts, and
- to discuss potential dangers without the public understanding what they are saying.
3-digit police codes are pronounced digit-by-digit. For example, police code 211 would be stated as “two-one-one.” Letters are stated using radio alphabet. For example, the police code for a robbery alarm, 211A, would be pronounced “two-one-one-Alpha.”
In California, codes for suspected crimes generally refer to the section of the California Penal Code that outlines the offense. For example, police code 415 refers to the offense of disturbing the peace, which is covered by Penal Code section 415. In California, other codes are:
- 243E – domestic violence dispute,
- 245 – assault with a deadly weapon,
- 314 – indecent exposure,
- 20001 – hit-and-run involving injury or death, after the California Vehicle Code section of the same number, and
- 23152 – drunk driving (DUI).
Because of this, the police codes in other jurisdictions may be different.
Not all police radio codes refer to criminal offenses. For example, certain single-digit codes refer to how the officer should respond:
- Code 1 – Respond at your convenience
- Code 2 – Urgent but no lights or sirens
- Code 3 – Respond with emergency lights and siren
- Code 4 – No further assistance needed
- Code 5 – Stakeout
Other codes refer to emergency situations or important details:
- Code 10 – Bomb threat
- Code 20 – Officer needs assistance or officer needs help
- Code 904 – Fire
- Code 925 – Suspicious vehicle
Law enforcement officers also use “ten-codes” for especially common messages. These begin with the number 10, then a number for the routine message. Some examples include:
- 10-4 – Acknowledged
- 10-54 – Possible dead body
- 10-59 – Security check for malicious mischief
- 10-65 – Missing person
- 10-66 – Suspicious person
- 10-70 – Prowler
- 10-91G – Animal pickup
Each police department uses its own codes, though. As a result, these police scanner codes can vary from town to town.
What are the penalties of a conviction for robbery?
Robbery is a felony in California. However, the precise penalties for a conviction will depend on whether the offense was a first- or a second-degree robbery. Additionally, there are several sentencing enhancements for robbery convictions in California.
First-degree robbery
A robbery is a first-degree robbery if any of the following factors are present:
- the alleged victim was the driver or a passenger in hired transportation, such as a bus, taxi, subway, or streetcar,
- the offense took place in an inhabited house, trailer, or boat, or
- the offense took place while the alleged victim was using an ATM, or immediately thereafter.[3]
The penalties for a first-degree robbery are typically:
- 3, 4, or 6 years in state prison,
- up to $10,000 in fines, and/or
- felony probation.[4]
However, the prison sentence increases to 3, 6, or 9 years in prison if:
- the robbery occurred in an inhabited dwelling, and
- it was done in concert with 2 or more people.[5]
Second-degree robbery
Any robbery that is not a first-degree offense is a second-degree robbery.[6]
Convictions for second-degree robbery carry the following penalties:
- 2, 3, or 5 years in state prison,
- up to $10,000 in fines, and/or
- felony probation.[7]
Sentencing enhancements
Robbery convictions are further subjected to 3 important sentencing enhancements:
- if you cause a great bodily injury during the offense, an additional 3 to 6 years will be added to your sentence,[8]
- if you use a firearm during the robbery, you can face an additional:
- 10 years if you personally use the firearm during the offense,
- 20 years if you personally and intentionally fired the weapon during the offense, and
- 25 years to life in prison if you use a firearm during a robbery and cause a great bodily injury or death;[9]
- a “strike” on your record under California’s three strikes law.
For these reasons, having the legal advice of a skilled criminal defense attorney is essential.
Are there any legal defenses to use?
Several legal defenses can be raised against a criminal charge of robbery. Which one is best for you will depend on the particular circumstances of your case.
You thought that the property was your own
One defense is that you honestly believed that the property rightfully belonged to you. This is the “claim of right” defense. It applies even if your honest belief was incorrect or unreasonable. However, it does not apply to cases where the property you robbed was to settle a debt.[10]
Mistaken identity
We have found that a common legal defense to raise against a robbery allegation is that you are the victim of mistaken identity. Showing that there are reasons to doubt how the victim identified you after the incident can undermine the case against you.
False accusations
The person accusing you of robbery may be doing it for ulterior reasons. For example, they may be:
- trying to implicate you in a robbery that they actually committed in an attempt to get away with it, or
- trying to get you in trouble with the police out of revenge, jealousy, or some other reason.
In either of these cases, the accusation against you would be false. The person making it would know that the allegation is false. Proving that this is the case can be difficult. However, proving that your accuser is acting dishonestly can help clear your name.
Legal References:
[1] California Criminal Jury Instructions (CALCRIM) No. 1600.
[2] People v. Ramos, 30 Cal.3d 553 (1982).
[3] California Penal Code 212.5 PC.
[4] California Penal Code 213 PC.
[5] Same.
[6] California Penal Code 212.5 PC.
[7] California Penal Code 213 PC.
[8] California Penal Code 12022.7 PC.
[9] California Penal Code 12022.53 PC.
[10] See CALCRIM No. 1600.
