Robbery refers to the taking or snatching of another person's personal property. The taking is from the other individual's person or immediate presence, including anywhere in their vicinity, and against their will. The taking is accomplished through force, violence, fear, or a threat of imminent physical injury or death upon the victim to prevent them from resisting.

Lastly, the taking happens with the intent to deny the victim the property permanently or for a period long enough to deny them a significant percentage of its value. Robbery is criminalized in all states. Penalties differ from one state to another.

Criminal Penalties of a California Robbery Depend on the Classification of the Violation

California law categorizes robbery into two classes: first-degree and second-degree robbery. The consequences you will face upon a robbery conviction depend on which of the two violations you committed. Robbery in the first degree is one where any of these factors apply:

  • The robbery took place immediately after or while the victim used an ATM.
  • The robbery occurred in a lived-in trailer, boat, or house.
  • The involved victim is a passenger or driver of a taxi, bus, streetcar, cable car, subway, trackless trolley, or any similar transportation mode for hire.

A house, trailer, boat, or any other structure is lived-in or inhabited if a person lives in it and is either present at the time of the robbery or has stepped out but will return.

Second-degree robbery is any form that does not meet the definition of first-degree robbery. Robbery in the third degree does not exist under California law, like in other states.

A first-degree robbery is considered a felony crime. If you are found guilty, the possible penalties include six, four, or three years in prison and a maximum fine of $10,000. However, if you committed the robbery in the first degree in a lived-in structure and cahooted with at least two persons, the possible prison term upon conviction will increase to three, six, or nine years and a substantial fine.

The punishment for a second-degree robbery conviction includes formal probation, five, three, or two years in prison, and up to $10,000 in fines.

If the judge sentences you to probation, they will impose specific probation terms based on the facts of your case. The probation terms may include:

  • Pay victim restitution.
  • Perform community labor or service.
  • Report to your probation officer as often as your probation terms require.
  • Violate no other law.
  • Do a work release program.

These are just some of the probation terms a judge can impose. Should you violate any of these terms, the judge can revoke your probation term and sentence you to the maximum prison time allowed under the law for your violation.

Robbery Cases Involving Multiple Victims

The counts of the robbery offense are determined by the number of victims involved, not the number of pieces of property taken. Therefore, if, for example, you use fear or force on two parties to steal a wallet belonging to either of them, the prosecution will charge you with two counts of robbery. But if you take multiple properties from a single victim (such as a smartphone, jewelry, a wallet, and cash), the prosecution will only charge you with a single count of robbery.

Sentencing Enhancement for Robbery

Apart from the above standard penalties for robbery, certain factors can increase or enhance the sentence for a robbery violation if they are present in a defendant's case. These are called aggravating factors, and they include:

  • Use of a gun—under 12022.53 PC, the 10-20-life “use a gun and you are done” law, anyone who uses a gun to perpetrate a robbery offense will face a sentencing enhancement of ten years, twenty years,, or life imprisonment, depending on the unique facts surrounding the case:.
    • Use of a gun—if you used a gun during the perpetration of your robbery offense, you could be subject to an additional, consecutive sentence of ten years in prison.
    • Discharge of a gun—if you personally and deliberately discharged a firearm during the perpetration of your robbery crime, you could be subject to an additional, consecutive sentence of twenty years in prison.
    • Discharge of a gun leading to death or significant bodily injury—if you personally and deliberately discharged a firearm during the perpetration of a robbery offense, causing death or substantial physical harm to someone else, you would face an additional, consecutive sentence of twenty-five years to life in prison.
  • Great bodily injury—if you committed robbery and caused someone else to sustain significant physical harm during the perpetration of the offense, you may face a sentence enhancement under 12022.7 PC. In this case, you could face an additional, consecutive term of three to six years in prison.
  • Use of a deadly weapon—if you used a deadly weapon, for example, a club or knife, during your robbery offense, you might be subject to an additional, consecutive prison sentence of up to three years.
  • Prior convictions—if you have a history of robbery convictions, you might face an additional and consecutive two to five years in prison for every subsequent conviction.
  • The victim in question was disabled, elderly, or a child—robbing a disabled, older adult, or child will result in a sentencing increment of not more than five years in prison, served consecutively with the original sentence.
  • Robbery perpetrated during probation or parole—the sentence increment for this form of violation is established on a per-case basis. However, the sentence will generally be an additional two to five years in state prison.
  • Multiple victims—if your robbery offense involved multiple victims, you could face a sentence enhancement of up to three years in prison for every additional victim. This sentence is served consecutively to the usual sentence you would face.

Felony Strike Offense

Robbery is deemed a violent felony under PC 1192.7. That means it is a strike on a defendant's criminal record, per the state's three strikes law. According to this law, if a defendant is found guilty of a felony strike and is subsequently convicted of another felony strike, they will be subject to twice the standard sentence for the subsequent felony offense.

So, for example, if you have been convicted of robbery and are subsequently sentenced to another strike, the sentence for your latest conviction will be twice the standard prison term. Similarly, if you have been convicted of a felony strike and are subsequently found guilty of robbery, your robbery prison sentence will be twice the standard prison term.

If you amass three convictions for felony strike offenses, any or all of which might be a 211 PC robbery conviction, you will be subject to twenty-five years to life imprisonment.

Mitigating Factors In Robbery Cases

Mitigating factors are the opposite of aggravating factors. They are facts or circumstances surrounding a case that make the offense less severe, resulting in lenient penalties. Mitigating factors in a robbery case may include, among others:

  • The accused perpetrated the robbery under duress. This would be a mitigating factor if you were in immediate danger of severe bodily injury. That means you were frightened by the individual creating the threatening situation, and executing the robbery crime was the only reasonable way of preventing severe bodily harm to yourself.
  • The accused committed the offense with diminished capacity. As a mitigating circumstance, you may assert that you suffered from a mental defect when you committed the violation and that the mental defect canceled any intention to steal. You may face a lenient sentence if your case has this mitigating circumstance.
  • The accused committed the offense as a minor. California laws state that crimes committed while the accused is a minor may be prosecuted and penalized in juvenile court. The consequences issued by or in a juvenile court might be less severe than those handed down by an adult court.
  • The accused’s display of remorse for committing the offense—if you admit to perpetrating a robbery and express remorse before the victim’s family or judge, you may face a more lenient punishment than if you showed no remorse.
  • The accused has no prior record—if you have no convictions for robbery or any other offense, the judge may impose a more lenient sentence.

The judge will issue the sentence once he has weighed the mitigating circumstances against the aggravating facts.

Collateral Consequences for Robbery

Apart from the criminal penalties of a robbery, there are several collateral consequences of a conviction for this crime. They include:

Gun Ownership Restrictions

A convicted felon in California is prohibited from purchasing, receiving, owning, or possessing a firearm for life. That means you cannot keep guns you previously used for hunting or other hobbies if you are convicted of robbery. Similarly, you cannot keep showpieces or antiques you may have owned or inherited.

Voting Rights

Most of us do not appreciate our voting rights until they are withdrawn. In California, a person sentenced for a felony offense generally loses their voting rights while still in prison, jail, on parole, or under post-release mandatory or community supervision. If a person is in custody for a misdemeanor offense, a probation violation, formal probation, or awaiting trial, they can still vote. Persons on probation or those who have completed supervision or parole can also vote again.

Immigration Restrictions

If the court pronounces you guilty of robbery while on a green card or visa, the conviction might prevent you from making the next move in your immigration journey. A robbery conviction may result in losing your visa or being denied a renewal. If you have been trying to acquire a green card and become a permanent resident, that may not happen. And if you wish to become a United States citizen, a robbery conviction may make it impossible, and you may be deported.

Renting a House or an Apartment

While it is unlawful for a landlord to discriminate against a tenant, most landlords are reluctant to rent to people with a criminal record, particularly if they were found guilty of a violent offense like robbery. If your application to rent a house or apartment is continuously denied, your odds of finding an affordable and safe option diminish. This could impact your emotional and physical well-being and that of your family.

Securing a Promotion or Job

Most jobs mandate background checks and disclosures. A robbery conviction may disqualify you for employment or make you an unattractive candidate for a particular job position. While employers should not discriminate, their knowledge of your criminal past may make it challenging for you to establish a professional relationship and be promoted.

Obtaining a Professional License

Part of acquiring a professional license, for example, an attorney's, pharmacist's, or doctor's license, is to demonstrate that you have good character, and there is nothing to prove you are incapable of upholding the profession's ethical standards. A conviction for robbery could prove otherwise.

You might have to present additional evidence to the board that denies or approves the license you seek that you can uphold its standards, your conviction notwithstanding.

Applying to Graduate Programs and Colleges

Most people with a criminal record for robbery attend graduate school and college. However, disclosing a robbery conviction on a program or college application can be detrimental and embarrassing. You might be an ideal candidate for the program or school, but your criminal background may already have tainted your personal essay, grades, reputation, and other recommendations.

In addition, if you do not disclose your criminal record when you should, your application may be rejected or you may later be subject to disciplinary action.

A Permanent Criminal Record

Once you are convicted of robbery, you will have a permanent criminal record. Whether online or on paper, the fact that you have been accused and convicted of an offense will always be there. The conviction record will pop up whenever a person conducts a background check on you. When you complete an application, you may be required to admit that you have a conviction record.

A robbery conviction record is something you will carry forever. You may think you will have your criminal record expunged or sealed, but this is an option only in particular cases. You cannot count on it.

Especially in California, expunging a robbery conviction can be challenging. California law allows the expungement of conviction records for certain crimes. The expungement is possible provided the defendant served a jail or probation sentence (whichever the judge imposed).

However, since robbery is a felony offense carrying a prison sentence, you may be unable to erase its conviction record. An expungement can be possible if you are sentenced to felony probation, although this will be at the judge's discretion. That means the judge may or may not grant your expungement request.

As for record sealing, there are various eligibility requirements. One of these requirements is that you were arrested although the prosecution did not file criminal charges against you, or if you were convicted, the conviction was later overturned or vacated on appeal. Considering these requirements, sealing your robbery criminal record may be challenged if you are eventually convicted and subjected to criminal penalties. That means you will be stuck with a permanent criminal record unless you appeal your conviction and the court vacates it.

The collateral consequences of robbery can have a lasting effect on your life, which stretches beyond your prison sentence and fines, so you want to hire an experienced attorney to ensure you stand a chance of avoiding a conviction and, in turn, avoiding these repercussions.

The Penalty for Attempted Robbery

Attempted robbery occurs when a person intends to use fear or force to take another's property from them and then does an act in furtherance of the robbery. In other words, attempted robbery is incomplete robbery.

Like robbery, attempted robbery is a violent felony and is generally penalized by half of the sentence the accused would have faced if they had completed committing the crime. That means if you attempted robbery in the first degree, you would face three years, two years, or eighteen months in prison and a fine of up to $5,000. If you attempted a second-degree robbery, you would face one year, one and a half years, or two and a half years in prison and a fine of up to $5,000.

Various sentencing enhancements can also increase your prison term and consequences for attempted robbery, including:

  • If the victim suffered significant bodily harm during the crime.
  • If you used a gun and
  • Attempted robbery qualifies as a strike under the state's three-strikes law.

Contact An Experienced Criminal Defense Attorney Near Me

If you are accused of robbery, you want to hire a skilled and dedicated defense lawyer who can assist you in understanding the possible penalties and sentencing enhancements you may face.

In Los Angeles, you will not find a lawyer better placed to handle your case than we at the Los Angeles Criminal Attorney. We have taken on thousands of robbery cases over the years, making us uniquely skilled at navigating the state's legal system and the nuances involved. We will evaluate your case and advise you on potential penalties, and we are prepared to use our collective experience and knowledge to find the most favorable resolution.

Do not leave your defense to chance, especially when the stakes are high. Call us today at 424-333-0943 and ensure a solid defense strategy by attorneys dedicated to restoring your freedom.