Armed Robbery

To be guilty of robbery as defined by Penal Code 211 PC, a person must take someone else’s property against the rightful owners will using force or threats, with no intention of returning it. A robbery is considered ‘complete’ once the perpetrator is either caught or gotten safely away.
The value of the money or property stolen doesn’t matter when determining guilt. There must, however, be an element of menace (in the case of armed robbery, a firearm) to differentiate the crime from larceny.

  • State Penalties: <p>Under California law, robbery is always prosecuted as a felony. But the punishment depends on whether the person is convicted of robbery in the first or second degree. If multiple victims (i.e. forcefully taking an item from its joint owners) are involved, a person can be convicted of more than one count of robbery. First-degree robbery applies to the more serious offenses, such as robbing an inhabited dwelling, the driver or passengers of commercial vehicles, and ATM users. If convicted, the penalty is 3, 4, or 6 years in the state prison. First-degree robberies committed by groups of at least three people are punished more severely, with each offender facing a prison sentence of 3, 6, or 9 years. Second-degree robbery covers all robberies that take place under conditions that don’t qualify as first-degree. A conviction is punishable by 2, 3, or 5 years in prison. Armed robbery is a crime with sentencing enhancements that can make the punishment more severe. If the victim or victims suffer bodily injury, a 3 to 6 year prison sentence is imposed in addition and consecutive to the penalty for robbery. Ten years can be added to a person’s sentence if it is proven that they acted as part of a criminal street gang. Penal Code 12022.53 PC, otherwise known as the “10-20-life ‘use a gun and you’re done’ “ law adds another ten years merely if a gun was used during the robbery: if the gun was fired or a person was killed or seriously injured, the added penalties are 20 years and 25 years to life respectively.</p>
  • Difference between California state and Federal statutes: <p>Armed robbery cases that are tried in the federal court system include bank robbery, robbery of U.S. mail or government property and obstructing interstate commerce through robbery as defined by the Hobbs Act. Depending on the value of the property stolen and the circumstances, a conviction is punishable by up to 25 years in prison, plus fines. Anyone who commits armed robbery on federal territory (i.e. holding up another person on an army base or conservation area) can receive a 15-year prison sentence.</p>
  • Related Crimes: <p>Assault, assault with a firearm, burglary, carjacking, extortion, false imprisonment, grand theft auto, kidnapping,</p>
  • When is the best time to act?: <p>Armed robbery is always punished as a violent felony under California law, with severe sentencing enhancements. If a person already has two violent felony convictions on their record, they can be penalized under California’s Three Strikes law and be sentenced to 25 years to life in prison. Legal immigrants and aliens may face deportation after their sentence has been served. Acquiring the services of a California criminal defense attorney with experience in defending armed robbery charges is critical.</p>
  • Successful Defenses: <p>Viable defenses to an armed robbery change include lack of intention to take the property, no use of force or fear, claim of right, mistaken identity, and false accusations.</p>
  • High profile/Government cases: <p>In May 2014 the Los Angeles County District Attorney’s Office charged Travion Holmes, 19, and Orlando Howard, 21 with multiple counts of armed robbery and gang enhancements. They were charged with committing four street robberies between March 26 and April 18. During these incidents, they robbed victims of cash and cell phones at gunpoint. Holmes was charged with one count of suspicion of armed robbery with a gang enhancement. Howard was charged with four counts of suspicion of armed robber in addition to one count of attempted robbery, fraudulent use of a bank card and the gang enhancement.</p>
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