What is the Difference between First and Second Degree Robbery?

By: Wallin & Klarich

Robbery is prosecuted very seriously in California, and it comes with harsh consequences. But if you are convicted of robbery, how you are punished will depend on how you are charged. That is because there are two separate types of robbery in California: first degree robbery and second degree robbery.

The circumstances of your case will be used to determine if you are charged with first or second degree robbery. In order to better understand the charges against you, it is important to understand the difference between first and second degree robbery under California Penal Code Section 211.

Robbery Defined (California Penal Code Section 211)

second degree robberyCalifornia Penal Code Section 211 states that “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.”

PC 211 continues to define the two types of robbery crimes in California – first and second degree. The difference is covered in PC 212.5. Essentially, you could be charged with first degree robbery if you robbed any of the following:

  • A person driving a vehicle
  • A person using an ATM
  • A person at their home

All other forms of robbery are considered second degree robbery.

Does How I’m Charged Affect My Criminal Record?

California expungement attorneyRegardless if you are charged with first degree robbery or second degree robbery, there will be a significant impact on your criminal record. 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 is punishable by double the normal amount of time in prison.

In Southern California and other big cities, robbery is prosecuted very aggressively. This is because, typically, people who live in bigger cities are more scared of weapons and firearms than people who live in rural areas. This means that prosecutors will be tougher on the defendant charged with these crimes, and the penalties are much stiffer. That is why it is extremely important that you speak to an experienced criminal defense attorney if you are facing robbery charges under PC 211.

Call the Robbery Attorneys at Wallin & Klarich

If you are facing robbery charges in California, you need to speak with an experienced criminal defense attorney. At Wallin & Klarich, our skilled robbery attorneys have been successfully defending our clients accused of robbery and theft for over 30 years. We’ve helped thousands of clients in their time of legal need, and we can help you now.

With offices in Orange County, Los Angeles, San Bernardino, Riverside, Ventura, Victorville, West Covina, San Diego, Torrance and Sherman Oaks, there is an experienced Wallin & Klarich robbery attorney available near you no matter where you work or live.

Call us today at (888) 280-6839 for a free phone consultation. We will get through this together.

Posted In: Robbery