California Penal Code 211 PC – Robbery 

Overview 

Robbery under California Penal Code 211 PC is the taking of someone else’s property from their person or immediate presence, against their will, and by force or fear. It is always charged as a felony and considered a violent crime. 

Robbery is one of the most aggressively prosecuted charges in California, with serious penalties—including potential prison time and strike enhancements. At Jones Trial Attorneys, we prepare every robbery case as if it’s going to trial—because often, that’s what it takes to win. 

Legal Definition 

Penal Code § 211 defines robbery as: 

“The felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” 

There are two degrees: 

• First-degree robbery – Robbery in a home, of a driver/passenger in a vehicle, or near an ATM. 

• Second-degree robbery – All other types of robbery. 

Elements of the Crime 

To convict someone of robbery, the prosecution must prove: 

1. You took personal property that was not yours; 

2. From another person or their immediate presence; 

3. Against that person’s will; 

4. Using force or fear to accomplish the taking; 

5. With intent to permanently deprive them of the property. 

Penalties for Robbery 

First-Degree Robbery 

• 3, 4, or 6 years in state prison 

• Up to 9 years if multiple people are present 

• Strike offense under the Three Strikes law 

• Possible sentence enhancements (firearms, bodily injury) 

Second-Degree Robbery 

• 2, 3, or 5 years in state prison 

• Strike offense 

• Formal felony probation (if granted, rarely) 

Sentencing can increase with prior strikes, gang enhancements, or use of a weapon or firearm. 

Defenses to Robbery 

We tailor every defense to the facts. Common defenses to robbery include: 

• Lack of force or fear – The taking may have been theft, not robbery. 

• Claim of right – You believed the property was yours. 

• False accusation or mistaken identity – Especially with weak eyewitness testimony. 

• No intent to permanently deprive – Intent matters. 

Robbery charges can often be reduced to grand theft or dismissed entirely depending on the evidence. 

Immigration and Employment Consequences 

Because robbery is a violent felony, it can lead to: 

• Deportation, denial of reentry, or green card denial 

• Loss of professional licenses 

• Barriers to employment and housing 

If you’re not a U.S. citizen or hold a professional license, we build a defense strategy focused on minimizing collateral consequences. 

Related Offenses 

• Petty Theft – PC 484 

Non-violent theft of property under $950 

• Grand Theft – PC 487 

Theft of high-value property 

• Assault – PC 240 / Battery – PC 242 

Use of force without a taking 

How Jones Trial Attorneys Can Help 

We are not afraid to go to trial—and that makes all the difference in robbery cases. 

We review all aspects of your case: police conduct, surveillance footage, eyewitness reliability, and forensic evidence. If the prosecution can’t prove force or fear, they can’t prove robbery. 

💼 Free consultations 

⚖️ Trial-tested representation 

📍 Local San Diego firm with deep courtroom experience 

Talk to a Criminal Defense Attorney Today 

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.