Penal Code 211 states "Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear".
PC section 212 states: "The fear mentioned in Section 211 may be either:
- The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or,
- The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery."
Often shoplifting cases turn into Robbery case if you fight with the loss prevention agent.
We can usually get these cases reduced to petty theft or sometimes even trespassing.
There are two types of Robbery – 1st degree and 2nd degree. 1st degree usually means someone broke into an inhabited house. Stiff penalties can be 3-6-9 years in state prison and may be punished as a "strike". 2nd degree robbery can be punished for up to 5 years in prison, though we often get probation for our clients in these cases.
This type of case can be hard for the prosecutor to prove. For a successful conviction you need to prove 7 things:
- trespassing on another's property;
- taking of the item or items;
- carrying them away;
- the fact that it is another's property;
- the intent to steal the items;
- the presence of the owner of the property;
If we can disprove any of these elements, you go free! Call us Now!