- PC 211 Felony Second-Degree Robbery–defined above as taking property from another by force, fear, or intimidation.
- PC 212.5 (a) First-Degree Robbery–if the taking is from a person inside a structure or if the person is performing their duty as an operator of a form of transportation.
- PC 212 (c) Second-Degree Robbery–the robbery was the site of an ATM.
- PC 213(b) Attempted Robbery–this is the same as above but the person robbing didn’t complete the crime.
What are the defenses to the charge of Robbery under PC 211?
- The person willingly gave you the property in question–wasn’t taken by force, fear, or intimidation.
- You were not the one who committed the robbery–mistaken identity.
- You honestly believed you had the right to the property taken–you were reclaiming your property.
Is robbery a misdemeanor or felony?
Robbery of any kind is a felony! This is because the crimes taking another person’s personal property from them through force, fear, or intimidation. Because a victim could potentially fight back or the person committing the robbery may not want to be identified later, it is highly likely death or serious injuries could result. Due to this fact, robbery is deemed a serious and violent felony qualifying as a strike crime.
Does robbery cause a strike on my record?
Yes, Robbery is a strike offense!
What are the penalties for the robbery charge under PC 211?
Penalties for PC 211 Felony Second-Degree Robbery:
- Two, three, or five years in prison.
- Zero days to one year with probation.
- Strike and 3rd strike eligible.
- A crime of moral turpitude with potential immigration consequences.
- Ineligible for firearms, voting, public office, and jury service.
- DNA sample requirement.
Penalties for PC 212.5 (a) First-Degree Robbery:
- Three, four, or six years in prison
- Zero days to one year with probation
- Strike and 3rd strike eligible.
- A crime of moral turpitude with potential immigration consequences. A crime of moral turpitude with potential immigration consequences.
- Ineligible for firearms, voting, public office, and jury service.
- DNA sample requirement.
Penalties for PC 212 (c) Second-Degree Robbery:
- Three, four, or six years in prison
- Zero days to one year with probation
- Strike and 3rd strike eligible.
- A crime of moral turpitude with potential immigration consequences.
- Ineligible for firearms, voting, public office, and jury service.
- DNA sample requirement.
Penalties for PC 213(b) Attempted Robbery:
- Three, four, or six years in prison
- Zero days to one year with probation
- Strike and 3rd strike eligible.
- A crime of moral turpitude with potential immigration consequences.
- Ineligible for firearms, voting, public office, and jury service.
- DNA sample requirement.
Does an arrest for robbery affect my immigration status?
Yes, Robbery is a crime of moral turpitude, a serious crime, a strike crime, and an aggravated felony. All of these qualify it as a removable or deportable crime for immigrants who are non-citizens.
Should I get an attorney to help me fight charges of robbery?
Absolutely! This is a strike offense, a serious felony, and a violent felony. It doesn’t get much heavier than this charge with such penalties. I urge you to at least consult with an experienced criminal defense attorney such as myself. The price of your defense when facing such charges should only be a small consideration.
Have you been accused of robbery?
Call the Law Offices of Wais Azami at (714) 321-9999. Or schedule a free consultation with our robbery lawyer in Orange County here. We will generate a defense plan which aims to get the charges dismissed, reduced, and/or the consequences mitigated.