What is the Difference between First and Second Degree Robbery?
California Penal Code 211 states the following: “Robbery is 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 continues to define the two types of robbery crimes in California – first and second degree. The difference is covered in Penal Code 212.5. Essentially, first degree robbery covers robbery of a person driving a vehicle, robbery of a person using an ATM, and robbery of a person at their home. Second degree robbery covers all other forms of robbery.
Both first and second degree robbery count as strikes. A strike is a crime that is most likely to be punished by significant time in prison. Also, if you have a strike conviction on your criminal record, any future crime you might commit will be punishable for double the normal amount of time in prison.
In Southern California and other big cities, robbery is prosecuted very aggressively. This is because, typically, folks who live in the bigger cities are more scared of weapons and firearms than folks who live in rural areas. This means that prosecutors will be tougher on the defendant charged with these crimes, and the penalties might be stiffer.
If you or a loved one is charged with first or second degree robbery, please contact Wallin and Klarich Criminal Defense attorneys to begin your defense at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We will work to ensure that your rights are protected. We can help you.