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 severe because they are a strike and a violent felony, and they stay with you for the rest of your life if you are convicted.
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 the robbery, “possession” doesn't always mean the victim is holding the property. In other words, if they have control over it, called constructive possession, this would be sufficient to convict someone.
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.
What I mean by that is that you're probably not going to prison for a case on the low end of the spectrum. You may be able to negotiate a different charge.
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. 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 these Estes robbery which is a robbery that involves somebody who steals something, and while they are escaping, somebody tries to stop them, and they use force or fear during the escape, and that changes it from a theft to a robbery.
Many times, sometimes they'll wait for someone outside of a Ralph's, for example, as they're stealing food or some alcohol or something like that, and they knock over the clerk who is waiting for them and run away instead of theft, 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.
So, if you need the best, you've come to the right place. I've been doing this for 30 years. I've handled robbery cases at the CCB Courthouse. I worked for the district attorney's office in East LA. I've also worked for a superior court judge in Burbank. I've got much experience. I've been a criminal defense attorney since the 1990s.
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 fill out the contact form.