Robbery
Penal Code 211 PC, which is the California robbery law, defines the offense of robbery as using force or fear to take someone’s personal property from their person or in their immediate presence without their consent. Examples include:
● Breaking into a home while the residents are present and threatening to harm them before taking away their personal property
● Threatening someone with harm after being caught in the act of stealing something
● Drugging someone or intentionally getting them drunk before stealing from them
- State Penalties: <p>Robbery is a felony in California, but the penalties depend on whether the crime is first or second degree robbery. The first-degree robbery offenses are:<br>
● Robbery in an inhabited structure such as a home or apartment<br>
● Robbing someone who has just used an ATM and is still in its vicinity<br>
● Robbing a driver or passenger of a public transit vehicle such as a taxi, bus, or subway train<br>
If convicted of first-degree robbery, a person can go to prison for anywhere between 3 and 9 years. Second-degree robbery, which covers all instances of robbery that doesn’t qualify as first-degree, is punished by 2, 3, or 5 years in prison.</p>
- Difference between California State and Federal statutes: <p>The federal court system tries robbery cases involving government institutions or interstate commerce, such as bank robbery and mail robbery. A conviction can result in heavy fines and up to 25 years in a federal prison. If a robbery takes place on federal territory, such as a national park or army base, the typical sentence is 15 years.</p>
- Related Crimes: <p>Armed robbery, assault, assault with a firearm, burglary, carjacking, extortion, false imprisonment, grand theft auto, kidnapping,</p>
- When is the best time to act?: <p>Robbery is a violent felony in California. Under the state’s Three Strikes law, a person with two prior convictions for a violent felony can be sentenced to 25 years to life if found guilty of a third felony like robbery. Legal immigrants and aliens potentially face deportation after their sentence has been served. With so much hanging in the balance, hiring a Los Angeles criminal defense attorney with experience in defending violent felony charges is important.</p>
- Successful Defenses: <p>Potential defenses to a robbery charge include absence of force or intimidation when taking the property, mistaken belief that the defendant had a right to take the property, false accusation, and mistaken identity.</p>
- High profile/Government cases: <p>On July 21, Jaime Ramos, 19, was charged with 35 felony counts that included murder, attempted murder, kidnapping, robbery, carjacking, and evading police. He was also charged with being a gang member. <br>
On July 16 Ramos and two accomplices robbed a Bank of the West in Stockton and took two bank employees and a customer hostage. After a shootout with the police, the robbers fled with the hostages in an SUV belonging to one of the bank employees. Ramos used Misty Holt-Singh, 41, as a human shield. She was later found dead in the SUV, although it was unclear when she had been shot and by whom.</p>, <p>On July 21, Jaime Ramos, 19, was charged with 35 felony counts that included murder, attempted murder, kidnapping, robbery, carjacking, and evading police. He was also charged with being a gang member. <br>
On July 16 Ramos and two accomplices robbed a Bank of the West in Stockton and took two bank employees and a customer hostage. After a shootout with the police, the robbers fled with the hostages in an SUV belonging to one of the bank employees. Ramos used Misty Holt-Singh, 41, as a human shield. She was later found dead in the SUV, although it was unclear when she had been shot and by whom.</p>
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