California Penal Code 211 defines robbery as the act of taking someone else's personal property from their immediate possession, against their will, through the use of force or fear. This serious crime is classified as a felony and carries severe penalties, including the possibility of a prison sentence of up to 9 years.

Key Points about Penal Code 211:

• Felony Offense: Robbery under PC 211 is a felony offense in California.
• Strike Offense: It is considered a "strike" under California's three-strikes law, which can lead to harsher penalties for repeat offenders.
• Potential Sentencing: A conviction can result in a prison term of up to 9 years, depending on the circumstances.

Examples of Robbery:

• Entering a home while the residents are present, threatening them, and stealing their personal belongings.
• Drugging someone and taking their possessions while they are incapacitated.
• Stealing an item and then threatening the owner with physical harm to escape, turning the theft into robbery.

Penalties for Robbery:

Robbery can be charged as either first-degree or second-degree robbery, with differing penalties:

• First-Degree Robbery: This applies when the victim is a driver or passenger in a vehicle like a bus or taxi, is inside an inhabited structure, or has just used an ATM and is nearby. The penalty for first-degree robbery ranges from 3 to 9 years in state prison.

• Second-Degree Robbery: All other types of robbery fall under second-degree robbery, which carries a prison sentence of 2, 3, or 5 years.

Legal Defenses to Robbery Charges:

Several legal defenses may help in fighting a robbery charge, including:

• No Use of Force or Fear: If force or fear wasn't used to take the property, it may not qualify as robbery.
• Right to the Property: If you genuinely believed the property was yours, this could serve as a defense.
• Mistaken Identity: You may have been wrongly identified as the perpetrator.
• False Accusation: In some cases, individuals are falsely accused of robbery.

If you are facing PC 211 robbery charges in Bakersfield, the Martens Law Firm can help you build a strong defense and protect your rights. Contact us today for a consultation.