California defines robbery as using force or threats to take property directly from another person against that person’s will. First-degree robbery is defined as the robbery of any:
- Driver or passenger on a bus, taxi, streetcar, subway, cable car, etc.;
- Person in an inhabited structure; or
- Person who just used an ATM and is still in the vicinity of the ATM.
To prove robbery, the prosecutor must show that the accused intended to deprive the victim of their property either:
- Permanently, or
- For long enough that the owner would be deprived of a significant portion of its value or enjoyment.
We will review the circumstances of your case to make sure the prosecutor proves each element of the offense beyond a reasonable doubt. Contact an attorney at The Law Offices of Kerry L. Armstrong, APLC, today to discuss your case.
Examples of What Is First Degree Robbery
If an individual camps out near an ATM and approaches people after they withdraw funds, threatens their lives, and steals the money, they likely will have a first-degree robbery sentence.
Alternatively, if a man shoves a woman to the ground and steals her purse on a bus, he commits first-degree robbery because the incident occurred on public transportation.
A form of robbery that always involves a car is called carjacking. Specifically, carjacking occurs when someone takes another person’s car from their immediate presence by use of force or fear. This is covered by California Penal Code §215 and is punishable by imprisonment for three, five, or nine years in state prison.
Unlawfully taking another person’s property without use of force or fear is generally charged as a theft offense. Petty and grand theft differ based on the value of the goods stolen. Grand theft applies when the property stolen is worth more than $950 and petty theft applies when the property stolen is worth less than $950.
Petty theft is a misdemeanor punishable by six months in jail. Grand theft is a wobbler, which means the prosecutor decides whether to charge the offense as a felony or misdemeanor. Even as a felony, grand theft is punishable by 16 months, two years, or three years in state prison.
First Degree Robbery Sentence
First degree robbery in California is a felony punishable by the following potential penalties:
- Felony probation;
- Three, four, or six years in state prison; and
- A fine of up to $10,000.
The penalties for first degree robbery increase if the crime occurred inside an inhabited structure and in concert with two other people. The potential state prison sentence increases to three, six, or nine years. A structure is inhabited if someone lives there and is either present, or is not present but intends to return.
Valid Legal Defenses for First Degree Robbery
A legal defense can help defeat an element of the crime, forcing the prosecutor to dismiss or reduce your charges. Our attorneys understand the importance of creating a strategy that will influence the prosecutor to offer a reasonable plea agreement.
Some legal defenses that may apply in a robbery case include the following:
- You took possession of something that rightfully belonged to you,
- The alleged victim consented to you removing their property,
- An eyewitness mistakenly identified you as the perpetrator, or
- There is a lack of sufficient evidence to establish the elements of the crime.
Any of these defenses could help you avoid conviction for first degree robbery. Contact our team today to review your case and see if these or other defenses apply to your case.
The Use of Firearms and Ammunition in a Robbery
When firearms and accompanying ammunition are used during a robbery, the sentence can be much higher. California Disciplinary Code §12022 is an enhancement to the sentence imposed by the felony robbery and an extra year, up to 10 years added on.
When ammunition is also loaded in the firearm while in the commission of the robbery, this adds on another year. If the weapon used is considered an assault weapon or a machine gun, this adds on another three years to the sentence, as covered by California Penal Code § 12022.2 at the same link above. In first degree robbery, the fine likely includes a $10,000 fine
This law also states that any person accompanying the armed robber, will be viewed as equally liable and face the same sentence as the person in possession of a firearm or assault weapon. If the robber shoots a victim, causing serious injury, including death, the penalty is likely 25 years to life imprisonment.
How Can a Lawyer Help Me With Robbery Charges in California?
Navigating the California criminal process is often confusing, overwhelming, and time-consuming. A lawyer can stand by your side to guide you through the process and protect your rights along the way. Specifically, a criminal defense lawyer can help you by:
- Obtaining a copy of the police report detailing your charges,
- Presenting a legal defense in negotiations with the prosecutor, and
- Creating a strategy that bolsters the weaknesses in the prosecution’s case.
You should not trust an inexperienced attorney to handle your criminal case when your freedom is on the line. Our attorneys at The Law Offices of Kerry L. Armstrong, APLC, have what it takes to effectively defend your case.
Contact a Criminal Lawyer in California to Discuss Robbery Laws and Penalties
A first degree robbery conviction can impact multiple facets of your everyday life and cause irreparable harm to your reputation. Our team of criminal defense lawyers has represented dozens of clients facing robbery charges in California.
Kerry L. Armstrong is passionate about protecting the rights of individuals facing criminal allegations. Let us put our expertise and resources to work for you. If you or one of your loved ones has been charged with armed robbery, call us at once. 619-234-2300.
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