In California, Penal Code section 211 defines robbery as 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. Robbery, therefore, is a species of aggravated larceny. To elevate larceny to a robbery, the taking must be accomplished by force or fear, and the perpetrator of this crime must take the property from the victim or in the victim’s presence. The commission of this offense is not limited to a fixed place or time. As a result, robbery is not completed until the stolen property has been carried away to a place of temporary safety. The item taken by the robber needs to have only slight or intrinsic value, and the court will usually take judicial notice that an item of personal property has some value.
For a defendant to be guilty of robbery, the victim must give up his or her property because of threats or fear. If the property is given up for any other reasons, for example if the victim feels sorry for the perpetrator, such person will not be guilty of robbery. However, the individual may still be convicted of attempted robbery. The punishment for robbery can be very severe. If a robbery is committed in concert with two or more persons in an inhabited dwelling house, or of any person who is performing his or her duties as an operator of any bus or cab, such robbery is punishable by imprisonment in state prison for three, six, or nine years. All other robbery offenses are punishable by imprisonment in state prison for two, three, or five years. Attempted robbery is punishable by imprisonment in state prison.
Speak to a Robbery Attorney at Wallin & Klarich
If you have been accused of robbery, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. We can help you obtain the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you no matter where you work or live.
Call us today at (888) 280-6839 for a free phone consultation. We will be there when you call.