San Diego Attorney for Robbery | The Law Offices of Michael E. Cindrich

Robbery is considered a serious violent crime, and a conviction for it can wipe out your bank account, damage your reputation and your future, and land you in prison for years.

If you are one of the many people arrested each year for this major crime, you must consult with an experienced criminal defense attorney right away to identify and weigh your options. To prove that a robbery took place, the prosecution must show that your case meets a complex set of elements set forth in the Penal Code – if just one part of the definition of robbery is missing from the prosecution’s case, you may be eligible for dismissal of your charges.

Attorney for Robbery in San Diego

If you have been charged with Robbery, know that you’ve been hit with a very serious charge. Robbery is considered a violent crime, not just simple theft. Do not talk to the police alone if you have been charged with robbery. Instead, contact the experienced attorneys at The Law Offices of Michael E. Cindrich for legal representation.

The Law Offices of Michael E. Cindrich have represented clients across California for years in a broad range of criminal cases, from petty theft to murder, in both state and federal court. Michael Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, El Cajon, and San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.

The Legal Definition of Robbery

Under California Penal Code § 211, robbery is defined 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. This must be done with the intent to deprive that person of the property permanently or for a substantial period of time. The crime of robbery is always classified as a felony in California.

The term “taking” requires proof of the following two elements:

achieving possession of the property (known as “caption”); and
carrying the property away (known as “asportation.”)

The most common defenses in a robbery case involve a showing that you did not commit the offense because the “taking” never happened (you didn’t actually possess the property or you didn’t actually carry it away), that you did not use force or fear to take the property, or that you reasonably believed that you had a right to the property taken.

Penalties for Robbery in California

Under Penal Code 211 PC, the crime of robbery carries serious felony penalties. Robbery is divided into the first and second degree, but it is always a felony.

All robberies are robbery in the second degree except for when the robbery occurs under the following circumstances:

the robbery involved any driver or passenger on a bus, taxi, streetcar, subway, or cable car;
the robbery takes place in an inhabited structure;
the robbery involves any person who used or is near an ATM machine.

The penalties for first degree robbery include a prison sentence of between three (3) and six (6) years, and a fine of up to ten thousand dollars ($10,000). If you are accused of committing the first-degree robbery in an inhabited structure, in concert with two (2) or more other people, then the potential state prison sentence is increased to three (3), six (6) or nine (9) years.

If the crime is classified as a second-degree robbery, then the penalty is two (2), three (3) or five (5) years in state prison and a fine of up to ten thousand dollars ($10,000).

The penalties for robbery can be enhanced with proof that the crime caused another person to suffer a “great bodily injury” under California Penal Code 12022.7. The term “great bodily injury” is defined as a substantial physical injury. The sentencing enhancement for great bodily injury can add an additional three (3) to six (6) years to the robbery sentence.

Additional Resources

Crime Trends in California, Public Policy Institute of California
Here is a helpful infographic on violent crime and property crime in California. Numerous charts and graphs are provided that illustrate raw data about the rates of different crimes county-by-county. The robbery rate is shown to vary the most widely between counties, with some counties having very high and others very low rates, whereas other crimes tend show more consistency across counties.

Crime Statistics, Open Justice Initiative, California Department of Justice
A very powerful search tool for crime statistics that compiles all kinds of law enforcement data and makes the information explorable to researchers and the public. For example, you can search the total arrests for robbery each year in the state, then narrow it down by county, and even view arrest rates for different weapon types (robberies involving knives, etc.)

Attorney for Robbery in San Diego County, CA

Contact Michael Cindrich today for a free consultation at (619) 262-2500.