I have been charged with robbery in Riverside County. What consequences and sentence do I face if robbery is considered a violent crime in California? (CPC 211)
According to the California Department of Justice, robbery is considered a “violent crime.” The Department of Justice describes the following as “violent crimes:”
In addition, California Penal Code section 667.5 defines robbery as a “violent felony.” In California, if you are charged with a violent crime like robbery, you can be subject to even greater consequences and punishments as a result of the violent nature of the crime. It is important that you contact an experienced Riverside violent crimes attorney immediately if you are facing charges for robbery or any other violent crime.
According to California Penal Code section 211, robbery is the “felonious taking of personal property in possession of another, from his or her immediate presence, and against his will, accomplished by means of force or fear.” In other words, you can be convicted of robbery if you took something from another by means of assault or force.
Under California Penal Code section 213, you can be charged with robbery of the first degree or robbery of the second degree. If you are convicted of robbery in the first degree, which generally means you entered the home or dwelling of another or robbed someone while he or she was operating a vehicle, you face a sentence of three, six or nine years in the state prison. If you are convicted of second degree robbery, which includes all robberies that are not described as first degree robbery, you will face a sentence in the state prison of two, three or five years.
Violent Crime Enhancements
A robbery conviction will also result in a strike against you. This is true for any conviction for a violent crime in California. Under California’s Three Strikes law, if you are convicted of three violent crimes, resulting in three strikes on your record, the sentence for your final conviction can be enhanced to 25 years to life in the state prison. This means you could serve a sentence of 25 years to life even if that was not the sentence that should be enforced for the crime you committed.
Even further, if you are convicted of robbery, or any other violent felony listed under California Penal Code section 667.5, you will only be eligible for 15 percent of work time credit during you prison sentence. (See California Penal Code section 2933.1). This means that you must serve at least 85% of your sentence if you are convicted of robbery or any other violent felony, no matter if you have shown good behavior. This is not true for other non-violent crimes, which allow you to gain a higher percentage of work-time credit while you are imprisoned.
Call Wallin & Klarich Today
If you or a loved one is facing charges for robbery or any other violent crime in California, you should contact a Riverside violent crimes defense attorney immediately. The attorneys at Wallin & Klarich can explain to you which violent crime sentencing enhancements apply to your case. Wallin & Klarich has over 30 years of experience successfully defending clients who have been charged with violent crimes. Wallin & Klarich will assist you through every step of the legal process and help you present the best possible defense in your case. Call Wallin & Klarich today at (888) 280-6839. We will get through this together.