California Penal Code 211 "robbery" is considered a violent felony, as such California enhances the punishment for this type of offense. Robbery is considered a violent felony under California penal code 667.5(c)(9), thus if a person is convicted under this statute they are mandated to complete at least 85% of there prison sentence. This is in contrast with "most" felonies which mandates they must complete at least 50% of there sentence before they are deemed time served. In addition to a lengthier prison term a person that has previously been convicted for a robbery and whom is convicted of any felony in the future will have a sentence that is double the normal sentencing scheme.
How do they prove that I committed a Robbery in California?
In order for a person to be convicted of a Penal Code violation of 211 the district attorney must prove all the following:
1. the victim had possession of person property of some value, however slight;
2. the defendant took personal property from victim or from his or her immediate presence;
3. the property was taken against the will of the victim;
4. the defendant's act of offense was accomplished by either force or fear;
5. the defendant acted with the specific intent to permanently to deprive the victim of the personal property.
What is the punishment for a conviction of robbery in California?
If a person is convicted in violation of California penal code 211 that person could receive two years, three years or up to five years in state prison. An individuals sentence under the above statute greatly depends on the facts and circumstances of the incident as well as that persons criminal history. Due to the potential consequences of robbery it is imperative that you retain an experienced attorney. Adam Rodriguez has handled numerous cases involving robbery and has had success at jury trial with clients charged with robbery. For your free consultation contact Adam Rodriguez.