California Penal Code Section 211 – Robbery
Over our many years of practice in the criminal law arena, we have handled many robbery cases under California Penal Code Section 211 in Los Angeles courthouses. Prosecutors and Judges dole out harsh sentences if they believe that a robbery was committed. It is important to find an attorney that has the ability to successfully negotiate these types of cases. There are many factors that can be brought to a prosecutor’s attention and the ability to successfully negotiate violent felonies is a talent that is possessed by few attorneys in Los Angeles. I encourage you to read over my credentials and set a free face to face consultation with me…so we can discuss how I can assist you in this difficult time in your life.
A robbery is a serious felony and considered a “Strike” under the California Three Strikes Law. It is also considered a violent felony and if a person is given jail or prison time related to a robbery, they must serve 85 percent of the time. If an individual uses a gun during the commission of a robbery, there is a 10 year enhancement that is added onto their sentence, if the prosecution can prove the use of a gun.
Many people get confused between robbery and burglary. The former occurs when some takes something from another by force or fear. Burglary can occur when no person is present. For example, if someone breaks into another’s home and steals their television set, this would be classified as a residential burglary. If, on the other hand, someone breaks into another’s home and takes property away from them while they are present, this would be considered a robbery .
Legal Definition of Penal Code 211 Robbery
The felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
To prove that the defendant is guilty if this crime, the People must prove that:
1. The defendant took property that was not their own;
2. The property was taken from another person’s possession and immediate presence;
3. The property was taken against that person’s will;
4. The defendant used force or fear to take the property or to prevent the person from resisting;
5. When the defendant used force or fear to take the property, they intended to deprive the owner of it permanently, or to remove it from the owner’s possession for so extended a period of time that the owner would be deprived of a major portion of the value of enjoyment of the property.
The defendant’s intent to take the property must have been formed before or during the time they used force or fear. If the defendant did not form this required intent until after using the force or fear, then they did not commit robbery.
A person takes something when he or she gains possession of it and moves it some distance. The distance moved may be short.
The property taken can be of any value, however slight. Two or more people may possess something at the same time.
Our California criminal defense lawyers have decades of experience defending clients against robbery charges. Call our law firm to review your case.
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