What is an Estes Robbery in California?

According to LCDA, an Estes Robbery in California occurs when a shoplifter or thief attempts to steal merchandise from a store—such as a liquor, department, or grocery store—and, when confronted by store security or Loss Prevention, uses force or intimidation to escape [1].

What begins as petty theft, defined as taking property valued at $900 or less and typically prosecuted as a misdemeanor, escalates to robbery, a serious felony, when force is involved.

An Estes Robbery is a serious charge and is considered a “Strike” under California’s Three Strikes Law. Estes Robbery originated from a 1983 California case, People v. Estes 147 Cal. App.3d 23

People v. Estes: The Case that Defined Estes Robbery in California

According to Greg Hill, in the 1983 case People v. Estes (147 Cal. App. 3d 23), Curtis Dale Estes entered a Sears store at Larwin Plaza in Vallejo wearing jeans and a t-shirt. He proceeded to the section where corduroy jackets were sold, tried one on, and then layered it over a down-filled vest he picked up from another rack. Without paying for either item, Estes attempted to leave the store [2].

A security guard noticed his actions and followed Estes outside, questioning him about the unpaid merchandise and asking him to return to the store. When Estes refused and continued walking, the guard attempted to detain him, prompting Estes to pull out a knife, swing it at the guard, and threaten his life.

Despite this, the guard summoned backup, and together they persuaded Estes to return to the store, where he denied using a knife or attempting to steal. Estes was subsequently charged with robbery under Penal Code § 211, use of a deadly weapon under Penal Code § 12022(b), and petty theft under Penal Code § 484.

He was convicted of all three charges and appealed on many grounds. The appellate court sustained the convictions and explained that it is not necessary that the victim, i.e., the guard or a shop owner, be the owner of the goods. The victim only needs to have constructive possession of the goods. In the Estes case, the security guard was an agent of the store owner and had constructive possession of the items

Penalties for an Estes Robbery in California

In California, an Estes Robbery is prosecuted under Penal Code section 211, commonly referred to as First Degree Robbery. This serious offense carries significant penalties, including 3, 4, or 6 years in state prison.

If a firearm is used during the robbery, the sentence can be enhanced by an additional 10 years. Discharging the firearm during the crime can add another 20 years to the sentence.

If the discharge of the gun results in injury or death, the penalty increases by an additional 25 years to life. If you are under investigation or facing charges for an Estes Robbery, it is crucial to consult with an experienced criminal defense attorney.

Legal Defenses Against Estes Robbery Charges

According to RevealLaw, when facing an Estes Robbery charge, defendants have several potential legal defenses that can be employed to challenge the accusations [3].

While each case is different, here are some common defenses that may be used:

Self-Defense: In certain situations, the defendant might argue that they used force or fear in response to a genuine and immediate threat to their safety. If the force used was proportionate to the perceived danger, this defense could be viable.
Lack of Intent: Intent is a critical component in an Estes Robbery case. The prosecution must prove that the defendant intended to commit robbery. If the defense can show a lack of intent or that the defendant’s actions were misinterpreted, it can undermine the prosecution’s case.
Mistaken Identity: If the defendant can demonstrate that they were wrongly identified as the perpetrator, this defense can be powerful, especially if there is uncertainty in witness testimony or surveillance footage.

Strategies for Reducing or Dismissing Charges

Defendants may also pursue strategies to have their Estes Robbery charges reduced or dismissed:

Plea Bargaining: Negotiations between the defense and prosecution could lead to a plea agreement where the defendant pleads guilty to a lesser charge in exchange for a reduced sentence, thereby lessening the severity of the penalties.
Lack of Evidence: If the prosecution cannot provide enough evidence to prove guilt beyond a reasonable doubt, the defense may argue for the charges to be dismissed, particularly if key evidence is lacking.
Violation of Rights: A defense attorney may scrutinize whether the defendant’s constitutional rights were violated during the arrest or investigation. If unlawful search and seizure occurred or Miranda rights were not observed, the defense could move to suppress evidence, potentially leading to a dismissal of charges.

Related Articles:

See all related personal injury and accident lawsuits our lawyers covered so far.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:
1. https://www.lacriminaldefenseattorney.com/legal-dictionary/e/estes-robbery/
2. https://www.greghillassociates.com/what-is-an-estes-robbery-why-is-it-a-strike.html
3. https://www.reveallaw.com/unmasking-the-audacious-estes-robbery-penalties-and-legal-defenses/

California Estes Robbery: When Shoplifting Becomes a Felony