"...is 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."
A straightforward example of the crime of robbery is the suspect in the alley holding someone up with a gun, demanding his wallet or her purse. This is a very clear cut robbery in that the use of the gun involves the use of both force and fear. However, the crime of robbery need not involve a weapon. A person can use verbal threats to satisfy the fear element of a robbery, and use no force at all. In the alternative, a person may also use physical force with no weapon at all, such as beating the person up or merely applying any physical force to accomplish the taking of the property.
However, there are less clear cut cases of robbery under the law. A simple petty theft in a store may be charged as a robbery if the taking was accomplished with any force or fear. For example, a person make enter a grocery store, intending to conceal some bread and exit the store without paying for it. If that person is approached by a loss prevention officer or store security, and there is a scuffle or any amount of force is used by the suspect to flee from that store security, he or she may be charged with the crime of robbery. This is typically called an Estes robbery in the state of California pursuant to the 1983 case of People v. Estes. This type of robbery, however, carries with it the same potential punishment and penalty as the typical robbery in the alley way, as they are both considered serious and violent crimes in the state of California.
The crime of robbery pursuant to Penal Code Section 211 is a strike offense under the California Three Strikes Law. This means that is considered one of the most serious crimes chargeable. If you suffer a robbery conviction, this strike will remain on your record indefinitely, even if the charge is later reduced or expunged! The strike conviction may also double up any future potential sentence if you are charged with another crime in the future and will be counted as one strike in any possible ‘Three Strikes’ case.
If you or a loved one is charged with the crime of robbery, the first step you should take is to contact an experienced Temecula criminal defense attorney at The Law Offices of Parwana Anwar, PLC. A skilled criminal defense attorney will review the case and fight every aspect of the case to get the charge dismissed, reduced or get you the lowest possible sentence and potentially avoid a very serious strike conviction on your record. Do not face the power of the prosecutors on your own. Contact The Law Offices of Parwana Anwar, PLC today at 951-698-1250 for your completely free and confidential consultation.