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.
Crimes by Code
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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Commercial robbery takes place in a business like a bank or a convenience store. Residential robbery is a robbery that takes place where people live or reside. Residential robbery is considered first-degree robbery. Commercial robbery is considered second-degree robbery.
Under Penal Code 211, robbery is:
Robbery is divided into first-degree and second-degree robbery. (See Penal Code 212.5 PC)
First degree robbery is committed when the victim is:
Second degree robbery is any kind of robbery not listed as first degree. This includes commercial robbery.
Residential robbery is always first degree. The punishment for first degree robbery is:
Residential robbery committed in concert increases the penalties. (See Penal Code 213). In concert means a total of three or more people. The punishment for residential robbery in concert is:
Second degree robbery is punishable by:
Crime enhancements can greatly increase the penalties for robbery. Penal Code 12022.53 is California’s “10-20-Life use a gun and you’re done” law. It applies to anyone who uses a gun while committing a robbery. The following penalties apply:
There are various defenses to robbery charges. These include:
Under California Penal Code 211, robbery is:
Robbery is divided into first-degree robbery and second-degree robbery. First degree robbery is committed when the victim is:
Second degree robbery is any kind of robbery that is not listed as first degree. This includes commercial robbery.
Residential robbery takes place where people live. This includes:
A house or structure is “inhabited” if someone lives there. They don’t have to be present so long as they intend to return.
Residential robbery is always considered first degree. The punishment for residential robbery is:
Residential robbery is also referred to as home invasion robbery if:
Residential robbery committed in concert under Penal Code 213 is punishable by:
If a gun or other deadly weapon is used the penalties could be greatly increased.
Penal Code 12022 adds one-year if the defendant personally used a deadly or dangerous weapon. This could be a knife, pepper spray, or a taser.
Penal Code 12022.53 is California’s “10-20-Life use a gun and you’re done” law. It applies to someone who uses a gun while committing a robbery. The following additional penalties apply:
Please note that residential robbery is a violent felony. It is also a strike under the “Three Strikes” law. Someone convicted of residential robbery must serve 85% of their prison sentence.
Commercial robbery takes place in a business such as a bank or convenience store. It is considered second degree robbery.
Second degree robbery is punishable by:
Please note: Sentence enhancements that apply to first degree robbery can also apply to second degree robbery.
Several defenses to robbery charges can be raised by an experienced attorney. These include:
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.