What Are the Penalties for Robbery?
In California, robbery is different from simple theft and punished more severely. The penalties for robbery can possibly include lengthy prison sentences that will upend your life. However, there are two degrees of robbery, with first-degree charges carrying harsher penalties. For this reason, the difference between first and second-degree robbery is important to understand. While all robberies are felonies in California, a conviction for second-degree robbery may carry up to seven fewer years in the corrections systems.
What Is a Robbery in California?
California law defines robbery through six elements, all of which a prosecutor must prove that you did to convict you of the crime.
These elements are:
- The taking of property that is not your own.
- From the possession of another individual.
- When the property was in the immediate presence of the other individual.
- The taking of the property was against their will.
- You resorted to using either fear or force to prevent the other individual from resisting the taking of their property.
- You were using force or fear with the intention to deprive the other individual of their property permanently or for a significant length of time.
Therefore, robbery is a violent crime even if it does not result in the application of violence against another person. You must have used force or fear to commit robbery, and the other person must be present for a robbery to occur. For example, stealing a car from a parking lot late at night when no one is around – while still a crime – is not a robbery.
Penalties for First and Second-Degree Robbery
California lists two classes of robberies: first and second-degree. The justice system also penalizes the two degrees differently.
First-degree robberies occur when:
- The individual who was robbed was the driver of a taxi, bus, subway, rideshare, limo, or other vehicle for hire; OR,
- The robbery occurred within an inhabited dwelling, like a house, mobile home, or boat; OR,
- The robbery occurs during or immediately after the victim’s use of an ATM.
The penalties for first-degree robbery include:
- A sentence in California’s state prison system of three, four, or six years.
- A maximum fine of $10,000.
- Formal felony probation.
If you rob an inhabited structure with two or more people inside, the sentence can last up to nine years.
All non-first-degree robberies are charged in the second degree. The maximum punishment for second-degree robbery includes:
- A sentence in California’s state prison system of two, three, or five years.
- A maximum fine of $10,000.
- Formal felony probation.
So, any conviction for robbery carries a felony sentence of at least two years.
Actions that Lead to Sentence Enhancements
In addition to the standard penalties, California law allows sentence enhancements if your case included specific actions.
For example, if you cause great bodily injury to another individual during a robbery, the court can add an additional three or six years to your jail sentence. This “enhances” the punishment because the robbery no longer only affected property, but led to someone being seriously hurt.
Other enhancements occur if you use a gun as part of the robbery. The additional jail time depends on how the gun was used and is as follows:
- 10 more years for simply using the gun to strike fear as part of the robbery.
- 20 more years if you shot the gun during the robbery.
- 25 more years to a life enhancement if you cause great bodily injury or death using the firearm during the robbery.
This means that just having a gun on you during a robbery puts you in jeopardy of spending decades behind bars.
Have you or a loved one been charged with robbery in Santa Ana, California? Contact the experienced lawyers at Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to set up a free introductory meeting with a member of our skilled criminal defense team.
