Penal Code 212.5 PC – Definition of First-Degree Robbery

Penal Code 212.5 PC is the California statute that defines the crime of first-degree robbery. People commit this offense if they rob the driver or passenger of a vehicle, a person in an inhabited dwelling (for example, a house), or a person who has recently used an ATM. Robbery of the first degree is a felony offense punishable by up to 9 years in state prison.

The language of PC 212.5 states:

“(a) Every robbery of any person who is performing his or her duties as an operator of any bus, taxicab, cable car, streetcar, trackless trolley, or other vehicle…every robbery of any passenger which is perpetrated on any of these vehicles, and every robbery which is perpetrated in an inhabited dwelling house…is robbery of the first degree.

(b) Every robbery of any person while using an automated teller machine or immediately after the person has used an automated teller machine and is in the vicinity of the automated teller machine is robbery of the first degree.”

Examples

• using force or fear to steal a taxicab driver’s money,
• robbing a person while on his/her boat.
• holding a gun at a person and demanding his/her money, which was recently retrieved from an ATM.

Defenses

Criminal defense lawyers draw upon several legal strategies to help clients challenge first-degree robbery charges. Some of these include showing that:

• the defendant was arrested because of mistaken identity,
• there was no underlying robbery, and/or
• the defendant was falsely accused.

Penalties

A violation of California Penal Code Section 212.5 is a felony (as opposed to a misdemeanor). The crime is punishable by up to 9 years in state prison (as opposed to county jail).

Our California criminal defense attorneys will highlight the following in this article:

• 1. How does Penal Code 212.5 PC define first-degree robbery?
• 2. Can an accused raise a legal defense?
  • 2.1. Mistaken identity
  • 2.2. No robbery
  • 2.3. Falsely accused
• 3. What are the penalties?
• 4. Are there related offenses?
  • 4.1. Robbery – PC 211
  • 4.2. Grand theft – PC 487
  • 4.3. Petty theft – PC 484

1. How does Penal Code 212.5 PC define first-degree robbery?

Under California law, first-degree robbery is any robbery where any of the following is true:

1. the victim is a driver or passenger of a bus, taxi, cable car, streetcar, trackless trolley, subway, or other similar transportation for hire,¹
2. the robbery takes place in an inhabited structure (for example, a house, boat, or trailer coach),² or
3. the robbery takes place while or immediately after the victim uses an automated teller machine (ATM).³

Note that a house or structure is “inhabited” if someone lives there, and either is present or has left but intends to return.⁴

Under PC 212.5, any other robbery not set forth as above is second-degree robbery.⁵ Therefore, California criminal law acknowledges two kinds of robbery:

• first-degree robbery, and
• second-degree robbery.

Per California Penal Code 211, robbery itself is the felonious taking of personal property that is in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.⁶

2. Can an accused raise a legal defense?

Defendants have the right to contest charges under California’s robbery laws with legal defenses. Three common defenses include accused people showing that they:

1. were arrested because of a mistaken identity.
2. did not commit a robbery.
3. were falsely accused.

2.1. Mistaken identity

People often commit robbery while wearing a mask, hat, or some other disguise. This means that “victims” do not always get a clear look at the offender in robbery cases. It is always a defense, then, for defendants to show that a “victim” identified them as a suspect by mistake.

2.2. No robbery

Recall that robbery is a distinct crime set forth in Penal Code 211 PC. The crime also has several elements that a prosecutor must prove, beyond a reasonable doubt, to secure a robbery conviction. Therefore, defendants can challenge a first-degree robbery charge by showing that they did not commit some underlying robbery.

2.3. Falsely accused

Sometimes people falsely accuse others of this crime. For example, they may do so in order to prove their own innocence or cover up some wrongdoing. This means that defendants can always challenge a charge by showing that they were unjustly blamed.

3. What are the penalties?

Penal Code 213 is the California statute that sets forth the penalties for the robbery of any person.

Per this law, first-degree robbery is a felony offense punishable by up to 9 years in state prison if:

• the defendant acted in concert with two or more people, or
• the robbery occurred within an inhabited structure.⁷

All other first degree robbery charges are felony offenses punishable by up to 6 years in state prison.⁸

In addition to the above penalties, there are a few sentencing enhancements that can add extra prison time to a robbery conviction.

For example, if a defendant commits robbery and causes another person to suffer a “great bodily injury,” then the defendant could be subject to Penal Code 12022.7, California’s great bodily injury enhancement.

This sentencing enhancement can result in an additional 6 years to a person’s robbery sentence.

Further, note that robbery is considered a “violent felony” under California law.  This means it is a “strike offense” under the state’s “three strikes” law.

Per this law, if someone is convicted of robbery and is then subsequently charged with any other California felony, that person will face twice the normal sentence for that felony.

Also, if someone accumulates three “strike” convictions, one or more of which may be a PC 211 robbery conviction, then he/she will receive a sentence of 25 years to life in state prison.

4. Are there related offenses?

There are three crimes related to first-degree robbery. These are:

1. robbery – PC 211,
2. grand theft – PC 487, and
3. petty theft – PC 484.

4.1. Robbery – PC 211

Per Penal Code 211, robbery is the crime where people:

1. take someone else’s personal property while it is in their possession, and
2. do so against that person’s will and by means of force or fear.

Per Penal Code 212 PC, a robber instills fear in “victims” if the robber causes them to worry about themselves being injured, about their property getting injured, or about a family member or someone in their company getting injured.

Robbery becomes first-degree robbery when a person commits the robbery under certain circumstances, as set forth in Penal Code 212.5 (for example, by robbing someone after he/she takes money from an ATM).

4.2. Grand theft – PC 487

Under Penal Code 487, grand theft is the crime where people unlawfully take someone else’s property that is valued at $950.00 or more.

Note that while both robbery and grand theft involve the taking of property from someone else, grand theft does not require that a defendant take something by means of force or fear.

4.3. Petty theft – PC 484

Under Penal Code 484, petty theft is the crime where people wrongfully take or steal someone else’s property and the value of the stolen property is $950.00 or less.

California law treats petty theft as a less serious crime when compared to robbery. Petty theft is a misdemeanor that is punishable by:

• imprisonment in county jail for up to six months, and/or
• a maximum fine of $1,000.

For additional help…

For additional guidance or to discuss your case with a criminal defense lawyer, we invite you to contact our law firm/law offices at the Shouse Law Group. Our attorneys provide both free consultations and legal advice you can trust.

Our attorneys also represent clients throughout California, including those in Los Angeles, San Diego, Orange County, Riverside, and San Bernardino.

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