In California, robbery under Penal Code 211 is:
  • the taking of personal property from the victim or the victim’s immediate presence,
  • the property was taken against the victim’s will,
  • the taking was accomplished by force of fear, and
  • the taking was with the specific intent to deprive the victim of the property
Robbery: First Degree vs. Second Degree

Robbery is divided into two levels: 

  • First degree robbery
  • Second degree robbery

A robbery is considered a first degree robbery when there is a:

  • robbery of driver or passenger of a bus, taxi, streetcar, cable car, or other vehicle used for transportation,
  • robbery taking place in an inhabited dwelling or structure, or
  • robbery of any person while using an ATM or immediately after the person using an ATM and still in the vicinity of the ATM

All other kinds of robbery are second degree robbery.

Robbery Criminal Penalties

A robbery is always a felony, and the consequences depend upon which degree of robbery you are ultimately convicted of.

A conviction of first degree robbery will result in three (3) years, four (4) years, or six (6) years of state prison.

Note: If you are convicted of first degree robbery of an inhabited dwelling and the robbery was committed in concert with two or more other people, your conviction will result in three (3) years, six (6) years, or nine (9) years of state prison.

A conviction of second degree robbery will result in two (2) years, three (3) years, or five (5) years of state prison.


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