California Penal Code Section 213: Punishment for Robbery provides information about the penalties used by the court for robbery convictions. The statute covers the penalties for both first and second-degree robbery charges.
You can learn more about robbery charges, penalties, and defenses with our team at the Simmrin Law Group.
What Are the Penalties for Robbery in California?
The court system in California uses PC 213 to go over the penalties for the act of robbery. However, not all acts of robbery result in the same punishments. The repercussions vary depending upon whether an individual faces charges for:
First Degree Robbery
California Penal Code Section 211 provides details about the crime of robbery. According to PC 211, a robbery occurs when an individual:
- Takes another person’s property
- Against the will of the property owner
- Through the use of fear or force
In some cases, the court classifies this act as first-degree robbery, representing a felony charge. Individuals only face charges for first-degree robbery if they rob someone who:
- Recently accessed and used an ATM
- Was inside an inhabited structure
- Was riding or driving in a motor vehicle
- Was inside a cable or subway car
Generally, a first-degree robbery conviction results in six years of time in prison. However, the court can increase the penalty to nine years if the robbery involved at least two people or took place inside an inhabited structure.
Second-Degree Robbery
The charge of second-degree robbery covers all acts of robbery that do not meet the stricter standard associated with first-degree charges.
The court system generally treats second-degree robbery as a less severe charge. However, a conviction can still lead to up to five years of prison time.
Attempted Robbery
Attempting to commit robbery represents a criminal act in California, even if the crime is not successful. The court system still treats attempted robbery as a felony, resulting in half of the prison sentence an individual would receive for a successful crime.
Generally, attempted robbery charges only apply for second-degree robbery accusations. Therefore, an individual could end up sentenced to up to three years of time in prison for attempted robbery.
What Sentencing Enhancements Go With PC 213?
We’ve discussed California Penal Code Section 213: Punishment for Robbery. However, the court can increase these penalties in some situations through sentencing enhancements. These enhancements only come into play for specific criminal acts.
Enhancements for Great Bodily Injury
California Penal Code Section 12022.7 handles sentencing enhancements for violent crimes that result in great bodily injury. This enhancement only applies if, during the course of a robbery, someone experiences major injuries such as:
- Brain injuries
- Broken bones
- The loss of a limb
The court may add up to six years onto an individual’s prison sentence with this sentencing enhancement.
“Strike” Sentencing Enhancements
Violent felonies in California trigger the state’s “three strikes” law. Individuals face increased penalties if they have multiple “strikes” on their record when accused of subsequent crimes.
For example, let’s say an individual has one strike on their record and then gets convicted of robbery. In this situation, the court doubles the normal sentence they’d face. An individual convicted of a second-degree robbery charge could end up with a prison sentence of 10 years.
A third “strike” can result in 25 years to a life sentence for either first or second-degree robbery.
Can the Court Issue Fines for a Robbery Conviction?
In addition to incarceration, the court in California can fine individuals after a robbery conviction. Both first and second-degree robbery can result in fines of up to $10,000.
In some situations, the individual convicted of robbery may also have to pay back any money taken in the robbery. In addition, they may face orders to pay punitive fees to the individual they robbed.
Does the Court Restrict Gun Ownership After a Robbery Conviction?
While PC 213 primarily deals with periods of incarceration for robbery convictions, individuals convicted of this crime can face other penalties. For example, the state of California generally forbids convicted felons from purchasing, possessing, or using firearms.
Both first and second-degree robbery count as felonies in California. Therefore, after a conviction, individuals may have to surrender any firearms they have. In addition, they no longer have the right to buy new guns, including pistols, rifles, or shotguns.
Owning or keeping firearms after a felony conviction can lead to additional criminal charges.
What Defenses Work for Robbery Charges in California?
California Penal Code Section 213: Punishment for Robbery only applies after the court convicts an individual of robbery. A violent crimes lawyer can step in to help with these charges before a conviction.
Lawyers throughout California often address robbery charges by showing that:
The Arrest Occurred Due to a Mistaken Identity
Sometimes, witnesses at the scene of a robbery make mistakes. Robberies often involve a lot of confusion, resulting in mistaken accusations. Lawyers draw on the accused’s alibi to establish that they could not have committed the robbery.
The Arrest Occurred Without Probable Cause
Sometimes, police officers make assumptions following a robbery. As a result, they may make an arrest without appropriate evidence. In these situations, lawyers can file a motion to have the robbery charges dismissed by the court.
Learn More About PC 213: Punishment for Robbery in California
California Penal Code Section 213: Punishment for Robbery provides detailed information about the period of incarceration used for robbery convictions. It deals with both first and second-degree robbery charges.
You can learn more about this charge and the results of a conviction with our team at the Simmrin Law Group. Call us or fill out our online contact form to build a defense for robbery accusations.