Section §211 of the California Penal Code defines robbery as “the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.”
The Code covers designates two types of robbery: first-degree and second-degree. Generally, first-degree robbery applies when the victim is operating a taxi, bus, streetcar, or other vehicle for hire, or when the robbery takes place in someone’s place of residence. It’s also first-degree robbery when the victim is using, or has just used, an ATM. All other robbery is second-degree robbery.
California law provides that robbery of the first degree that takes place in the victim’s dwelling is punishable by 3, 6 or 9 years in state prison. Other forms of first-degree robbery are punishable by 3, 4 or 6 years in state prison. The penalty for second-degree robbery is 2, 3, or 5 years in state prison. Attempted robbery can also carry a prison sentence.
Robbery is a serious offense. If you or a loved one is charged with any form of robbery, you’ll be glad you called the Law Offices of Mark Fredrick, located in Santa Ana, (Orange County) California