What is Robbery?
The definition of California Robbery can be found in California Penal Code 211 PC, which is taking personal property from someone else’s person or their immediate presence against the victim’s will through the use of force or fear. In fewer words, robbery is taking someone else’s property through intimidation or force, a crime that can take as high as nine years in state prison, or fines over $10,000, as well as “sentence enhancements.”
To prove a robbery, a prosecutor needs to determine the next things:
- The accused took someone else’s property.
- The victim had possession of the property at the time of the robbery.
- The accused took the property in their immediate presence.
- And it was against their will.
- The accused used force or fear to keep the other person from resisting.
- When the property was taken, the accused took it either permanently or long enough to dispossess the owner of most of the property’s value.
Is Robbery Considered a Misdemeanor or a Felony in California?
Robbery is always a felony in California under the Penal Code 211 C, and is divided into degrees, which are:
- First-degree robbery
First-degree robbery is a felony and is punishable by up to six years in state prison and a fine of up to $10,000. First-degree robbery cases apply to victims that are a passenger in a taxi, bus, streetcar, subway, and other transportation. It is also considered first-degree when the robbery takes place in an inhabited house, boat or trailer, as well as when it happens while or immediately after the victim visits and ATM.
- Second-degree robbery
Second-degree robbery happens when none of the above cases is true. The maximum punishment of second-degree robbery is five years in state prison and fines up to $10,000.
Misdemeanor vs. Felony
Misdemeanors are punishable by substantial fines or jail time, but most misdemeanors are adjudicated in a shortened trial; and if the defendant is going to serve any jail term, then it would most likely be served in a local or county jail. On the other hand, a felony is the more serious type of crime and is often classified by degrees – being the first one the most serious. A felony is punishable by substantial fines and prison sentences that exceed the year. If a defendant is convicted of a felony, then jail time will be served in a state or federal correctional institution.
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