California takes theft of any type very seriously. But, when it comes to robbery, the State considers the crime excessively detrimental. The law of California defines several instances of robbery and sets forth the penalties for first-degree and second-degree robbery.
Each individual county is allowed to ask for whatever bail they deem necessary when a person is arrested for robbery. However, they are bound by state law to enforce specific penalties. Regardless of the circumstances surrounding a robbery accusation, you will want to contact your nearest Bail Hotline agent, since a PC 1275 hearing will be in order to make certain your bond payment is proven to be from legitimate means.
Definitions of Robbery
California Penal Codes 211 through 215 state the rules and penalties related to robbery. The main definition of robbery is taking another’s personal property while they are either in possession of it, Or, if they are in the immediate presence of that property. This taking must be against the victim’s will and be accomplished through the use of fear or force. The victim’s fear can be fear of injury to a person, their property, their family members or this same fear they feel upon a person who is with the robbery victim.
First-degree robbery is defined as: “robbery against a person at or near the vicinity of an ATM, in their home or floating dwelling, or who is performing their duty as a taxi, trolley, streetcar or other type of vehicular transportation driver.” This applies to any vehicle that is used in the means of transportation for hire. Any other type of robbery besides the aforementioned is considered second-degree robbery.
Bail for Robbery
The charge of robbery is included in each California county’s bail schedule – meaning a person can secure their release before seeing a judge, by contacting a bail bond agency or paying the bail in full. These bail amounts vary by county, although they are very similar. Los Angeles, Santa Barbara and Santa Clara Counties all set bail for first-degree robbery at one hundred thousand dollars and second-degree robbery at fifty thousand dollars. Monterey County sets first-degree robbery at seventy-five thousand dollars and second-degree robbery at forty thousand.
Penalties and Consequences
The penalties for robbery will vary depending on the circumstances involved. First-degree robbery is punishable by three to six years in prison. This penalty is increased to 3-9 years if the robbery involved a person acting in concert with at least two other people to rob an inhabited dwelling, an inhabited floating house or vessel or the inhabited part of any type of building.
Attempted robbery is also punished as a felony. The law goes on to say car jacking, train robbery and attempted (actual or attempted) are also punished as felonies. Carjacking is punishable by three to nine years in prison and can even be charged separately from a robbery that occurred during the carjacking.
Robbery is a serious crime that can cause severe emotional stress or physical harm to a victim. California, for this reason, does not take robbery commissions lightly. A person convicted of this crime can face over a decade in state prison, which will understandably ruin whatever they currently have going on in their life. Anyone charged with robbery will want the strongest defense they can afford.
If you’re in a bind anywhere from Oakland to Santa Ana, give us a call!