Robbery – CA Penal Code 211

In California, PC 211 Robbery is defined as taking another person’s property from their body or immediate possession with the use of force or fear. Robbery is more serious than simple theft or burglary (CA Penal Code 459) because robbery involves the use of force or fear, while burglary does not.

You can be convicted even if the value of the stolen item was minor, as long as it was taken from the person with use of force or fear.

PC 211 – Robbery Elements

To be convicted under PC 211 Robbery, the prosecution must prove all five elements of the case:

  1. You took someone else’s property
  2. The property was taken from their person or their immediate presence
  3. You took the property against their will
  4. While taking their property you used force, fear, or threats
  5. You intended to permanently deprive them of the property or deprive them of its major value/enjoyment

Failure to prove any of these five elements means you cannot be convicted of PC 211.

PC 211 Robbery Sentencing

Robbery charges are classified as first-degree or second-degree:

  • First-Degree Robbery includes:
    • Robbing a driver or passenger of a commercial vehicle
    • Robbery inside an inhabited home
    • Robbing individuals near or at an ATM

Conviction of first-degree robbery may result in up to 9 years in California state prison.

  • Second-Degree Robbery refers to all other robbery cases and may lead to up to 5 years in prison.

Sentence Enhancements

  • Multiple victims: You may face charges for each count.
  • Great bodily injury: Additional sentence on top of robbery.
  • Murder during robbery: Additional 25 years to life sentence if part of a gang activity or felony murder.
  • Use of a gun: Additional 10–25 years depending on how it was used during the robbery.

Prosecuting CA Convicted of PC 211 Robbery

To secure a conviction under PC 211, the prosecutor must prove:

  1. You took someone’s property
  2. It was taken from the victim’s person or presence
  3. Against their will
  4. With force or fear
  5. With intent to permanently deprive them

Ownership Is Irrelevant

Even if the property did not belong to the victim but was in their possession, it qualifies as robbery. The property must be under the victim’s control at the time of the incident.

Immediate Presence

Defined as the item being within the victim’s reach or observation so they could maintain control.

Was There Force or Fear?

The California Penal Code states robbery requires:

  • Enough force or fear to compel the victim to give up their property.
  • The victim must agree under duress (fear or threat) to hand over the property.

Defending CA Convicted of PC 211 Robbery

Intent

Your defense attorney will investigate intent. If you mistakenly took someone’s property or had no intention to steal, you may not be guilty.

Example: If you grabbed someone’s phone, thinking it was yours, that’s not robbery.

Lack of Force / Fear

Police reports and eyewitnesses will be examined. If no force or fear was used, robbery cannot be proven. Theft may still apply.

Claim of Right

You can use the defense of a “claim of right” if:

  • You reasonably believed the property was yours
  • You attempted to retrieve your property without excess force

False Accusation

False accusations happen. Your criminal defense attorney may use:

  • Alibis
  • Eyewitness testimony
  • Text messages
  • Other evidence proving you were not at the crime scene

Contact Us for a Free Consultation

If you or someone you love is charged with PC 211 Robbery in California, contact us for a free case review.

  • Meet with us in-person or online
  • We offer consultations in our office or by phone
  • We work quickly to help reduce or drop charges

Our experienced Los Angeles Criminal Defense Attorneys will fight to reduce or dismiss your robbery charges.