Many California Penal Code 211 PC robbery cases are being filed at the downtown courthouse, 210 West Temple, CCB, also known as the Clara Foltz Courthouse.

Robbery cases are not to be taken lightly. They are classified as a strike and a violent felony, and a conviction can have lifelong implications. The seriousness of these charges underscores the urgency of seeking legal counsel.

Strategy-wise, number one, if you're going to have to take a conviction, you'll want to take a conviction for something other than robbery.

For example, they could hit you with a Penal Code 487(c) PC, which is a grand theft person.

Not a strike.  It can be reduced to a misdemeanor at some point.  You can be given probation for that.  If you're convicted of a PC 211 robbery, you're usually likely to get a minimum of two years in prison.

If you use a gun, they can add extra time for that.  So, these PC 211 robbery cases are severe, and we must look at several factors when strategizing how to best deal with them.

What is Robbery under California Law?

Under California Penal Code 211 PC, you commit robbery if you “take personal property in possession of another, from their person or immediate presence, and against their will, accomplished using force or fear.” Robbery is a felony crime punishable by up to nine years in state prison.

The legal definition of robbery focuses on the crucial factors that are called the “elements of the crime.” Put simply, these factors must be proven by a prosecutor before they can obtain a conviction, and include that a defendant:

• Took someone's property that was not their own;
• Another person possessed the property;
• Property was taken from someone or immediate presence;
• Force or fear was used to prevent them from resisting;
• There was intent to deprive the owner of the property permanently or long enough to deprive them of a significant portion of the value.

To “take” another person's property means to get possession of it and move it some distance to another location.

In a robbery case, “possession” doesn't always mean the victim is physically holding the property. If they have control over it, known as constructive possession, this would be sufficient to convict someone. Constructive possession means that the person has the power and intention to control the item, even if it's not physically on them at the time of the robbery.

Further, the victim does not have to own the property that is taken. It's only necessary that they have actual or constructive possession of it. Property is considered in someone's “immediate presence” if it's within their physical control in a manner they could keep possession of it if the robbery did not occur.

PC 211 robbery is different from other theft crimes because it always involves using force or fear, which means physical force against the victim, family members, property, or another person present during the robbery. Some robbery sentencing enhancements include the following:

• Penal Code 12022.7 PC California's great bodily injury enhancement can add three to six years to a state prison sentence;
• Penal Code 12022.53 PC “10-20-life use a gun and you're done” imposes a significantly longer sentence for defendants who use a gun;
• PC 211 robbery is considered a “violent felony” in California law, and a “strike” under California's “three strikes” law means you could receive a sentence of 25 years to life for a third strike.

Robbery Cases at the Clara Foltz Courthouse

I've been handling robbery cases at the CCB courthouse in Downtown Los Angeles for 30 years, so I know how to deal with them.  I know the cases that are on the low end of the spectrum, and I know the cases on the high end of the spectrum.

It's important to understand that not all cases are the same. In less severe instances, there may be room for negotiation. This possibility can provide a sense of control  and hope in what may seem like a daunting situation.

Whereas, in a case on the high end of the spectrum, you're going to go to prison; it's just a matter of how long, and you're not going to be able to negotiate something other than a robbery.

So, we need to look at your criminal record.  This is one big thing the prosecutors and judges consider, and what you did in the robbery:

• Did you use a weapon?
• Was anybody hurt?
• Was the weapon fired?
• Was there sophistication involved?
• How many victims were involved?

These prosecutors at CCB are looking at various factors in deciding how to deal with you.  What is your likelihood of committing more violent felonies? Another significant factor?

So, many times, we're putting a mitigation package together for people to show the prosecution the other side of that person. A mitigation package is a collection of evidence and arguments that aim to reduce the severity of the charges or the potential sentence.  That's how you get a better resolution for somebody you don't want to be sent to prison with a strike on their record for the rest of their life.

So, what I do is have you come in. We talk about the case. Sometimes, I see Estes' robberies, which involve somebody who steals something, and while they are escaping, somebody tries to stop them. They use force or fear during the escape, and that changes it from a theft to a robbery.

Many times, they'll wait for someone outside of a Ralph's, for example, as they're stealing food or alcohol or something like that, and they knock over the clerk who is waiting for them and run away instead of stealing, which is usually going to be a misdemeanor.

They just changed it to a robbery because of the force or violence used during the escape.  This is a crime on the low end of the spectrum, especially if the person has no criminal record.  We can often get probation for the person, keep them out of jail, and avoid a robbery strike on their record.

With over 30 years of experience, including handling robbery cases at the CCB Courthouse,  working for the district attorney's office in East LA,  and serving a superior court judge in Burbank,  I bring a wealth of knowledge and expertise to your case.  You can trust that you're in good hands.

So, pick up the phone now.  Ask for a meeting with Ron Hedding.  I stand at the ready to help you. The Hedding Law Firm offers a free case evaluation by phone or by filling out the contact form.