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What is First Degree Robbery in California?
First-degree robbery, as defined by Penal Code 212.5 PC, is the most serious form of robbery in California and carries the heaviest penalties [1]. Conviction can lead to a state prison sentence of up to 9 years.
Criteria for First-Degree Robbery
Robbery is classified as first-degree if it occurs in an inhabited dwelling, at an ATM, or involves a victim who is a driver or passenger of a bus, taxi, subway, or other transportation for hire. The term “inhabited” refers to any structure where someone lives, regardless of their presence during the robbery.
Legal Text from Penal Code 212.5 PC
The statute states: “(a) Every robbery of someone performing their duties as an operator of any bus, taxicab, cable car, streetcar, trackless trolley, or other vehicle…used for the transportation of persons for hire, or robbery of any passenger or perpetrated in an inhabited dwelling house is robbery of the first degree.” Additionally, subsection (b) specifies that a robbery occurring at or near an ATM is also considered first-degree.
Related Crimes
Robbery, defined under Penal Code 211 PC, involves the felonious taking of property from someone’s possession through force or fear. Related offenses include grand theft (Penal Code 487 PC) and petty theft (Penal Code 484 PC).
First vs. Second Degree Robbery
According to JDL, similar to charges like murder and manslaughter, robbery in California can be classified by its severity into first- and second-degree robbery, with first-degree being the more serious offense [2]. Both degrees are felonies and can result in hefty fines, imprisonment in a California state prison, formal probation, and the loss of firearm rights.
Legal Definitions
First- and second-degree robbery are distinguished based on the circumstances and location of the crime.
You may be charged with first-degree robbery if you attempt to rob someone who:
- Is a driver or passenger in a fare-based vehicle, such as a taxi, rideshare (Uber or Lyft), pedicab, or limousine
- Is inside an apartment, house, boat, trailer coach, store, or business.
- Is at or has recently used an ATM.
Examples of first-degree robbery include mugging someone outside a bank ATM, forcing a person to withdraw money from an ATM, robbing a pedicab passenger, or holding up a liquor store clerk. Second-degree robbery applies to all other situations, such as a mugging in an alleyway.
Exclusions
It should be noted that first-degree robbery does not include crimes such as carjacking. This is because carjacking can be committed against a passenger or temporary driver as well as the car’s owner and can involve the act of temporarily depriving the owner of the car, while robbery is permanent.
Also Read: Statute of Limitations for Theft Charges in California
Sentence Enhancements for Robbery in California
Depending on the specifics of your case, certain “sentence enhancements” may apply, increasing the severity of your penalty [3].
These enhancements can include:
Great Bodily Injury
If the victim suffers a “great bodily injury,” which is evaluated on a case-by-case basis, your sentence could increase by 3 to 6 years. The jury will consider the injury’s severity, the pain inflicted, and the required medical care.
Use of a Firearm
Under California’s “10-20-life” law, using a firearm during a felony carries severe penalties:
- An additional 10 years for using a firearm during a robbery.
- An additional 20 years if the firearm is discharged during the robbery.
- An additional 25 years to life if the discharge causes “great bodily harm” or death.
Robbery in Concert
If you and two or more individuals commit a robbery in an inhabited building, prosecutors can seek a sentence of up to 9 years.
Three Strikes Law
Robbery is classified as a “violent felony” in California, making it subject to the Three Strikes Law. A robbery conviction counts as a “strike,” meaning:
- A second robbery conviction could result in twice the normal sentence.
- A third conviction could lead to a sentence of 25 years to life in state prison.
Best Defenses for Robbery in California
According to GCL, there are several defense strategies you can employ with the help of a skilled attorney to contest armed robbery charges [4].
Here are some effective defenses:
You Are Innocent
In the U.S. legal system, you are presumed innocent until proven guilty. If the prosecution cannot establish your guilt beyond a reasonable doubt, you can be acquitted.
Lack of Intent
Intent is a crucial element in many crimes. Your lawyer can argue that you did not intend to commit robbery, did not possess or use a weapon during the incident, or that the victim was not harmed.
You Were Intoxicated
Intoxication can sometimes reduce criminal liability. If you were involuntarily intoxicated, such as being drugged by someone else, this can be a valid defense.
Duress
If you were coerced into committing the crime through threats or blackmail, you might be able to use duress as a defense.
Evidence Requirements
These defenses require strong evidence. For example, proving involuntary intoxication would need evidence of your intoxicated state at the crime’s time and proof you did not willingly consume the substance. For duress, you would need to show immediate threats of bodily harm and that you had no reasonable way to avoid committing the crime.
Related Articles:
- Difference Between Robbery and Burglary
- What Is Criminal Mischief?
- Difference Between Robbery and Theft?
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References:
1. https://www.egattorneys.com/first-degree-robbery-penal-code-212-5
2. https://jdlaw.law/blog/how-robbery-charges-are-categorized/
3. https://www.robertmhelfend.com/criminal-defense/californias-robbery-laws/
4. https://www.greggcohenlaw.com/blog/what-are-the-best-defenses-against-armed-robbery-charges-in-california/