Orange County & Los Angeles
Robbery Defense Attorney
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The Short Answer
Robbery under Penal Code 211 is theft by force or fear: always a felony, always a strike, carrying 2 to 9 years in state prison depending on degree. But robbery is also one of the most overcharged offenses in California, and the difference between robbery and simple theft often comes down to disputed seconds of video. A strong defense attacks the force or fear element, the identification, and the intent, with the goal of dismissal or reduction to a non-strike theft offense.
Robbery under Penal Code 211 is theft accomplished by force or fear, and California treats it as a violent felony: state prison exposure, a strike under the Three Strikes law, and no misdemeanor option. But the line between robbery, theft, and a misunderstanding is thinner than prosecutors admit, and overcharging is common.
Farris Law Firm defends robbery cases across Orange County and Los Angeles. We have negotiated serious felonies down from prison time to probation, and we prepare every robbery case for trial from day one.
How California Charges Robbery
First degree robbery (PC 211/212.5)
Robbery of a person in an inhabited dwelling, at an ATM, or of a driver or passenger. Carries 3 to 9 years in state prison.
Second degree robbery
All other robberies, carrying 2 to 5 years. Most street and store cases are charged in the second degree.
Estes robbery
A shoplifting that becomes robbery because force was used against a guard on the way out. Many of these should be theft cases, and we fight to make them so.
Attempted robbery and enhancements
Gun and great bodily injury allegations can add years or decades. Fighting the enhancement is often as important as fighting the charge.
Penalties for a Robbery Conviction
Robbery is a strike offense and a violent felony under PC 667.5(c), which limits credits and doubles future sentences. That is why the charge itself, not just the sentence, must be fought.
| Charge | Level | Exposure |
|---|---|---|
| Second degree robbery | Felony (strike) | 2, 3, or 5 years state prison |
| First degree robbery | Felony (strike) | 3, 4, or 6 years; up to 9 in concert in a dwelling |
| With firearm use (PC 12022.53) | Enhancement | 10, 20, or 25 years to life added |
| Attempted robbery | Felony (strike) | Half the completed-offense term |
Defenses That Work in Robbery Cases
Robbery convictions require proof of force or fear, intent, and identity, and each element is attackable:
- No force or fear: reclassifying the incident as theft, which is not a strike and often not even a felony
- Mistaken identification: cross-racial ID, poor lighting, and suggestive lineups are leading causes of wrongful robbery convictions
- Claim of right: taking back property you honestly believed was yours is not robbery
- No intent to steal: disputes that escalated are not robberies just because property changed hands
- Estes overcharging: pushing past a guard is not automatically robbery, and juries agree more often than prosecutors like
- Suppression of unlawful stops, searches, and showup identifications
Frequently Asked Questions
Is robbery always a felony in California?
Yes. Robbery has no misdemeanor version and is a strike. That is exactly why the defense goal is often to break the case down to what it really was: grand or petty theft, which are not strikes and can be misdemeanors. We have done this for clients repeatedly; see our recent victories.
What is the difference between robbery and burglary?
Robbery is taking property from a person by force or fear. Burglary is entering a building with intent to commit a crime inside; no person needs to be present. They get confused constantly, including by police reports. Our guide on robbery versus burglary explains the distinctions in depth.
The whole thing was caught on camera. Should I just take a deal?
Not before a lawyer watches every second of that video. Camera footage cuts both ways: it frequently disproves force, fear, or intent, the exact elements that make an incident robbery instead of theft. Early offers in robbery cases are rarely the best offers.
Can a robbery strike ever come off my record?
A strike prior has lasting effects, but there are tools: Romero motions to dismiss strikes in future cases, certificate and resentencing relief in some circumstances, and for the current case, negotiating to a non-strike offense before conviction, which is where we put maximum effort.
Charged or under investigation? Talk to a defense attorney tonight.
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