Understanding the Degrees of Robbery Charges and Their Potential Sentences 

January 27, 2025
Bea Farris
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The degrees of robbery charges and their potential sentences carry lasting consequences. A clear understanding of robbery laws, penalties, and possible defenses in California can make all the difference—and so can having the right theft offenses lawyer by your side.

At The Farris Law Firm, we want to clarify what robbery allegations mean, the consequences they could face without experienced legal support, and the ways our theft attorneys may be able to help mitigate the severity of robbery charges and penalties.

What Is Considered Robbery in California?

Under California Penal Code §211, robbery is the unlawful taking of someone else’s property through force or fear. It’s a distinctive crime because it directly involves another person and physical confrontation or intimidation, including but not limited to:

  • Using a weapon to steal someone’s property
  • Taking money from a store clerk by threatening them with physical harm
  • Forcing someone to hand over their wallet or other valuables through fear
  • Forcefully reaching into someone’s pocket to take their phone or wallet
  • Taking advantage of someone who is unconscious or otherwise unable to defend themselves

If these actions are committed with the intent to permanently deprive the owner of their property, you’ll likely face robbery charges instead of a lesser crime like theft.

Degrees of Robbery Charges in California

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California robbery laws divide charges into two categories based on the circumstances of the crime: first- and second-degree robbery. Both are considered felonies in California.

First-degree robbery refers to situations such as:

  • Robbing someone in their home, a trailer, or another inhabited property.
  • Targeting individuals who have just used an ATM and are still nearby.
  • Robbing passengers or drivers of public transportation such as buses or taxis. 

Second-degree robbery covers all other cases that don’t meet the criteria for first-degree, such as:

  • Accosting someone on the street and taking their possessions
  • Stealing from a store or commercial establishment 

In California, both first- and second-degree robbery are considered felonies. The weight of these charges carries significant penalties, highlighting the need for experienced legal support that may be able to help minimize the charges or their impact on your life.

Penalties and Sentencing for Robbery Crimes

California sets harsh penalties for robbery convictions. These include prison time ranging from:

  • First-degree robbery: 3 to 9 years
  • Second-degree robbery: 2 to 5 years

But these sentences are just the beginning. A conviction can also mean:

  • Heavy fines of up to $10,000. 
  • Restitution to the victim for what was taken. 
  • A strike on your record under California’s Three Strikes Law, which dramatically increases penalties for future felony convictions. 

Using a firearm during a robbery can trigger California’s “10-20-Life Use a Gun and You’re Done” law. This enhancement can add multiple years to your sentence or even lead to life imprisonment if the weapon involved caused injury or death in the robbery process.

Building a Defense Against Robbery Charges

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California’s criminal laws are strict, but they are also complex. An experienced lawyer can examine the nuances of a case to build a defense that protects your rights.

The best defense strategies often hinge on the details of the incident. Depending on the circumstances of your charges, your attorney may use legal strategies such as:

  • Mistaken Identity. Robbery cases heavily rely on eyewitness testimony, which can often be flawed.
  • Lack of Intent. A misunderstanding regarding the ownership of the property can result in wrongful accusations.
  • Absence of Force or Fear. If no intimidation or physical force occurred during the act, the charge may not hold or could be reduced to a lesser crime, such as theft or larceny.
  • Constitutional Violations. Unlawful searches, procedural errors, or rights violations may potentially make some evidence inadmissible in court.

No two cases are identical, and the legal strategies may vary depending on the strength of the prosecution’s case. Hiring an attorney familiar with California robbery laws may be the best way to ensure that you have a chance at reduced or dismissed charges.

What Happens During the Legal Process?

The criminal legal process can feel uncertain, but having a roadmap helps. Robbery cases in California typically involve the following stages:

  1. Arrest and Booking. After an arrest, the details of the accusations will be formally documented.
  2. Arraignment. You’ll be formally read your charges and given an opportunity to enter a plea.
  3. Pre-Trial Proceedings. This involves evidence gathering, plea bargain negotiations, or filing motions to dismiss weak elements of the prosecution’s case.
  4. Trial or Resolution. The case will reach a resolution through negotiations or a jury trial.
  5. Sentencing (if convicted). Penalties are determined based on legal guidelines, case specifics, and mitigating factors.

Each phase of this process provides opportunities to challenge the evidence, argue for reduced charges, or work toward dismissal. Without the help of an experienced attorney, you may have trouble providing a defense that works to minimize the potential repercussions you face.

How an Attorney Protects Your Rights When Facing Robbery Allegations

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Without guidance, it’s easy to feel overwhelmed by the court system. A lawyer serves as both your advocate and your guide who can:

  • Analyze the evidence to identify errors or missteps by law enforcement. 
  • Negotiate with prosecutors for reduced or dismissed charges. 
  • Represent you forcefully in court to ensure your side of the story is heard. 

Missteps early in a case can have lasting impacts, but experienced counsel ensures you don’t face these charges unprepared.

Why Farris Law Firm Should Be Your First Call When Fighting Robbery Charges in California

At Farris Law Firm, we don’t see clients as case numbers. We see people navigating difficult circumstances who need trusted advocates. Here’s why individuals facing charges related to robbery:

  • We take a personal approach. Every case is unique, and our strategies reflect that.
  • We know Southern California courts. Familiarity with judges, prosecutors, and local laws provides our clients an edge in securing a favorable outcome.
  • We fight for reduced charges or dismissal wherever possible, protecting your rights every step of the way.

A conviction doesn’t have to define your future. With the right legal team, you can face these charges knowing you’re backed by experience and dedication.

Call (818) 861-0861 today or fill out an online contact form to schedule a confidential consultation with a compassionate criminal defense lawyer. This first step could help you protect your freedom, opportunities, and reputation.