This is an important question because robberies are usually different from burglaries. After all, a robbery typically involves some form of force or fear being exerted. In contrast, burglary involves entering someone's house and stealing property from that person.  It doesn't necessarily mean the person was home.  It doesn't necessarily mean that there was any force or fear, although that's certainly something that can happen during a burglary.

Penal Code 211 defines robbery as a crime of taking the property of another from their possession by force or fear. Armed robbery is a much more serious crime than robbery because it involves the use of a weapon.

But when you're talking about robbery, you're talking about a circumstance where somebody used either force or fear to take property away from another person.  We even see this happening during the escape from a robbery, where the person doesn't use any force or fear to take the property, and normally, that would just be considered theft. However, during the escape, they're confronted, and they use some sort of force or fear.  They threaten a person, for example, and then that turns the case into a robbery.

So, the answer to the question of whether you need a weapon, such as a gun or a knife, to be charged with robbery is no.  You could run on the street and snatch somebody's purse off their arm.  That would be force, and that would be stealing, and that would be sufficient for a robbery. Other examples of force include physically pushing someone or using a weapon to threaten them.

Enhancement for Using a Weapon in a Robbery

Now, the weapon part does make a difference in a robbery case. If you use a weapon during the robbery, you could be charged with extra enhancements under California Penal Code 12022.53 in addition to the robbery. These enhancements are additional penalties or punishments that are added to the base sentence for the robbery, making the overall punishment more severe.

For example, if you go into a liquor store and use a gun, not only are you going to be charged with robbery, which has a six-year max, but you're also going to be charged with using the gun, which is a ten-year enhancement in Los Angeles, California. Other enhancements could include longer prison sentences, stricter probation terms, or additional fines.

So, in that scenario alone, you would be looking at sixteen years.  It shows you just how seriously the legislature, police, prosecutors, and judges take robbery cases when people use the advantage of a gun.  Even with a knife, there's an extra enhancement for the use of a knife during a robbery. Not only do these enhancements apply when weapons are used, but the prosecutors also view the robbery more seriously.

For example, in the purse snatching we discussed earlier, often if the person has no criminal record and nobody was hurt, we can negotiate with the prosecutor to reduce the charge from robbery to grand theft, which is not a robbery.  It is not a strike.  We can eventually reduce it to a misdemeanor and obtain a dismissal for you if you complete probation. This negotiation process can provide hope in what may seem like a dire situation.

But, if, on the other hand, you use a gun to commit a robbery, you have absolutely no chance in Los Angeles County to get probation and to avoid that robbery conviction.  The circumstances are simply too serious, and it's highly unlikely that the prosecutors would dismiss a robbery in that particular scenario.

Negotiating with the prosecutor is a viable option for avoiding a robbery enhancement. It's essential to consider potential strategies to mitigate the severity of the charges. This process involves your defense attorney discussing your case with the prosecutor to see if they are willing to reduce the charges or offer a more lenient sentence in exchange for certain conditions, such as a guilty plea or participation in a rehabilitation program.

Now, the use of a knife might be a middle ground between not using any weapon and using a gun.  A knife certainly is a weapon.  A knife certainly is dangerous and would scare the victim; however, if nobody was hurt and you didn't try to stab the person with the knife, a good defense attorney might be able to make the argument under the right circumstances that you shouldn't have to be convicted of a robbery, even though technically it is a robbery.

So, you don't need to use a weapon to commit a robbery.  But if you do use a weapon during a robbery, you're looking at a host of punishments.  You're looking at likely going to prison for a significant period, and you make it very difficult for your defense attorney to avoid a lengthy prison sentence. The gravity of these consequences cannot be overstated.

One angle that we've used in the gun scenario is when the gun law came into effect, which made it a ten-year enhancement. For some reason, the legislature didn't move to remove the other gun laws from the books, which are essentially sections three, four, and ten.

So, often, we can attempt to use that old gun law in place of the ten-year enhancement and have the ten-year enhancement struck.  The prosecutors don't have to do that.  The judges don't have to do that, but sometimes they're willing to do that if the person has no criminal record, nobody was hurt, and the defense attorney can make a strong argument that the ten-year gun enhancement shouldn't be used.

That's way too much time for a particular because that ten years is served at 85%, and it's not just ten years; it's going to be whatever time you get for the robbery — even a low term in a robbery is a two-year sentence — so, in a lot of these cases where people are using a gun to commit a robbery, the opening offer in the case — even for somebody with no record — is twelve years, and that's because the person is looking at sixteen years.

Given the significant leverage and power that prosecutors hold in robbery cases involving weapons, it's crucial to have a skilled defense attorney on your side. Their experience and success in handling such cases can provide you with the best possible defense. This reassurance is invaluable in navigating the complexities of a robbery case.