Robbery - Rizio & Nelson

California Penal Code Section 211 specifically describes robbery as “the taking of another person's property, from the person's possession or immediate presence, whether by force, fear, or
both.”

The penalty for a robbery conviction in the state of California is up to five year’s incarceration in a state prison. The punishment for robbery is usually much stricter if weapons (or the threat thereof) were involved or, if someone was hurt during the commission of the crime.

The following are the requirements for what the state must prove beyond a shadow of a doubt in order to convict someone of robbery in the state of California (based on the California Judicial Council's Jury Instructions):

Jury Instruction Regarding Robbery Convictions

In order to prove beyond a doubt that the defendant is guilty of the crime of robbery, the prosecuting attorney must prove that:

1. The defendant removed property that did not in any way belong to him/her;
2. The property was removed from someone else's possession or immediate presence;
3. The property was removed without that other person’s permission;
4. The defendant made use of force and/or fear to remove the property or to keep the other person from resisting; AND

5. When the defendant made use of force and/or fear to remove the property, they did so with the intention of depriving the owner of it indefinitely or to take it from the owner's possession for so long a time frame that the owner would be deprived of a large part of the value or enjoyment of said property.

Rules Regarding Robbery

	The defendant's intention to remove the property must have occurred before or during the time force or fear was used. If the defendant did not have this specific intent until after using force or fear, then the crime does not necessarily equal a robbery.

	A person removes an item for the purpose of robbery when they take possession of it and moves it to another place, whether the distance moved is short or great.

	The property removed may be of any monetary or sentimental value, even if the monetary value is slight. In some cases, the amount of money the object is worth dictates the punishment of the crime to some degree.

	A person does not, as a matter of fact, have to hold or touch something in order to possess it. It is sufficient that the person has assumed control over the object or demanded the right to control the object, either personally or via a different person.

	A store or staff member of a store may be considered to be robbed if property of the store or business is removed, whether or not he or she owns that property and regardless of whether he/she was in immediate direct or indirect physical control of the property.

	Property that is up to 80 feet away or around the corner of the same block from a victim held by forceful means is not considered too far away, lawfully speaking, to be classified as outside the victim's immediate presence.

	Multiple counts of robbery are allowable in cases where there are multiple victims, even if only one taking happened, for example, in cases of bank robbery where the defendant removes objects from everyone involved (one taking, multiple victims).

	If the defendant sincerely believes that they have a legal right to the property, even if that belief is erroneous or irrational, such belief is a valid defense for robbery.

	The force necessary for robbery must be greater than the incidental touching required to remove the property.

	The utilization of force or fear may occur when removing the property or when carrying it a distance away from the owner (such as when leaving the scene of the crime).

Robbery can be a very serious offense, especially given Three Strike Laws in the state of California. Do not risk a life sentence in prison for robbery; contact us to schedule a free initial consultation right away at the Inland Empire robbery lawyers. The Inland Empire robbery attorney’s at Rizio & Nelson are available for a consultation 7 days a week, 24 hours a day.