What Must Prosecutors Prove for a PC 211 PC Robbery Case?
California Penal Code 211 PC describes the felony crime of robbery as unlawful taking of personal property in the possession of someone else, against their will, by use of force or fear.
If you are convicted of this felony offense, you could spend up to nine years in a California state prison. PC 211 robbery is further divided into first-degree and second-degree robbery, which can result in a penalty of up to five years in prison.
An example of first-degree robbery includes robbing someone after they just used an outside automated teller machine (ATM) at their bank. Although Penal Code 211 robbery falls under the umbrella of theft crimes, what makes it different is that force or fear must be used to be charged under this statute.
A robbery conviction can be life-changing. Thus, getting the charges reduced to a lesser crime or even dismissed is always the goal of a criminal lawyer.
This article by our Los Angeles criminal defense attorneys will focus on what prosecutors must prove in order to convict someone of robbery.
What is the Definition of Robbery in California?
As noted, California Penal Code § 211 PC defines “robbery” as follows:
- “Robbery is the felonious taking of personal property in possession of another, from their person or immediate presence, against his will, accomplished using force or fear.”
Next, a prosecutor must prove specific factors before a defendant is guilty of robbery. Getting arrested and charged with any crime is different from getting convicted.
The factors that have to be proven are called the “elements of the crime” and are listed under CALCRIM 1600 California Criminal Jury instructions for robbery, that a defendant:
- took possession of property they did not own;
- the property that was taken had someone else, or their immediate presence;
- the property was taken against their will;
- force or fear was used to take property or prevent the victim from resisting;
- when the property was taken, there was an intent to deprive the owner permanently or for an extended period.
In the context of PC 211 robbery charges, a person “takes” property when they gain possession and then moves it some distance, even if only slightly.
The victim does not have to hold the property when taken from them. The “immediate presence” means the property was within the area of the victim's control.
Use of Force or Fear in a Robbery
Robbery is taking somebody's property while they are present through force or fear.
So, usually, we see robbery when somebody comes and threatens another person and tells them they're going to kill them if they don't give their property, for example. Or, we can see somebody run by and grab somebody's watch off their wrist and run away.
There are many different examples, but once again, you're talking about a scenario where somebody uses force, fear, or both to get the property.
Estes robbery
Things become a little more complicated when, during the escape, some force or fear is used.
For example, somebody goes into a store, steals something, nobody's there, runs out of the store, and loss prevention waits for them at the exit and says, stop.
The person says, if you don't get out of my way, I'm going to shoot you. That would be the force or fear necessary for the robbery, even though it wasn't at the time of the taking of the property. If it happens during the escape, it also counts as a robbery. This is referred to as an Estes robbery.
That's a case that sprung from a scenario where someone, during the escape, used force or fear, and they ended up getting convicted of a robbery, even though they didn't use force or fear at the time they took the actual property.
That can create a situation where a normal petty theft turns into a robbery. We see that all the time in criminal defense.
Someone's charged with robbery for only taking a $10 item, but if they used force or fear during the escape, that's good enough to get you in for the robbery.
The whole point is that we don't want people using force or fear to take things away from others that don't belong to them.
Proof That Something Was Taken From Victim Using Force or Fear
Prosecutors prove these robbery cases by first proving that something was taken. Then they've got to prove that:
- the person they're charging is the one that took the merchandise, and,
- they have to prove that that person used force to take it.
Perhaps they hit somebody, pulled out a gun and pointed it at someone, or used some fear — where they threatened the person if they didn't allow them to escape with the merchandise.
Robberies are fairly easy to prove. Sometimes, confusion arises because robberies are similar to other crimes like PC 487 grand theft, PC 484 petty theft, PC 459 burglary, PC 215 carjacking, and the like, and people can't tell the difference.
Prosecutor's Discretion in Robbery Cases
Most of the time, the prosecutors end up having their choice — whether they want actually to charge somebody with a robbery or they want to charge them with a theft. It depends on:
- how violent the individual acts when they take the property,
- what their criminal record look like, and
- what type of property they took.
The prosecutors have some discretion. Sometimes, they'll file a robbery against somebody, which is a strike, a violent felony. You don't want this on your record, but once a good defense attorney starts talking to them about it, they decide to downgrade the charge.
They could eventually file a lesser theft-related offense that is not a strike. This offense can later be reduced to a misdemeanor as long as the person gets probation and doesn't go to prison.
So, in these types of robbery cases, it's crucial to get somebody like me, who's been doing this for almost three decades and knows how to get the best result. Pick up the phone. Take the first step. Ask for a meeting with Ron Hedding. I'm ready to help.
