Robbery - Penal Code 211

Robbery is defined as the taking of personal property from another's person or immediate presence, against their will, by use of force or fear of force. Robberies can be categorized as either a misdemeanor or a felony, depending on the circumstances. 

First Degree Robbery

First Degree Robbery occurs when:

  • The victim is a driver or passenger on a public transport or taxi
  • The victim is someone who just used an ATM
  • The robbery took place in an inhabited structure, such as a home 

The penalties for First Degree Robbery include a state prison sentence of 3-9 years. 

Second Degree Robbery

Second Degree Robbery occurs in any other circumstances apart from those categorized as First Degree Robbery. Penalties for Second Degree Robbery include 2, 3, or 5 years in state prison.