Robbery is the taking of property from another against their will by means of force or fear. This force may involve a deadly weapon such as a gun or other weapon (Armed Robbery), or it may just involve simple physical force (Strong Arm Robbery). Under California Penal Code Section 211, Robbery is a serious and violent felony punishable by state prison. Use of a gun or other weapon or infliction of Great Bodily Injury during the commission of a Robbery carries a stricter sentence than does simple Robbery. Robbery is different from Burglary or Theft in that Robbery involves person to person confrontation, the threat of or use of force along with the intent to coerce and prevent resistance.
First Degree Robbery
First Degree Robbery (Penal Code Section 212.5(a)) occurs in an inhabited dwelling, vessel or trailer. First Degree Robbery also includes robbery of the operator of a bus, taxicab, cable car, or street car. Robbery of a passenger of any vehicle used for transportation for hire and robbery of any person using an Automated Teller Machine (ATM Robbery) are also considered First Degree Robbery.
Second Degree Robbery
Second Degree Robbery is all other types of Robbery (Penal Code Section 212.5(b)).
- First Degree Robbery carries a state prison sentence from 3 to 9 years.
- Second Degree Robbery is punishable in the state prison from 2 to 5 years. Carjacking carries a state prison sentence of 3 to 9 years.
- Robbery and Carjacking are “Strikes” in California and fall under the umbrella of the Three Strikes Law. A convicted felon with a strike prior would be facing a doubled prison sentence for any future strike convictions.