Robbery (PC 211):

Penal Code 211 defines “Robbery” in the state of California as: taking the personal property that is in the possession of another person, from their immediate presence, against their will, or through the use of force and/or fear (for example, wearing masks and wielding guns). However, the crime can also be committed in less obvious ways such as: breaking into a home with residents inside, then threatening them with physical harm before stealing their property, or drugging someone then stealing their personal property.

Penalties (PC 211):

First degree robbery can land you in state prison for 3 to 9 years. Second degree robbery is punishable by 2 to 5 years in state prison.

Legal Defenses (PC 211):

In order to defend a person charged with robbery, it must be proven by the defense that there was no force or fear is taking the property that you felt a right to take the property, that you are a victim of mistaken identity and that you were falsely accused.

Legal Definitions

211. Robbery 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.

212. The fear mentioned in Section 211 may be either:
1. The fear of an unlawful injury to the person or property of the
person robbed, or of any relative of his or member of his family;
or,
2. The fear of an immediate and unlawful injury to the person or
property of anyone in the company of the person robbed at the time of
the robbery.

212.5. (a) Every robbery of any person who is performing his or her
duties as an operator of any bus, taxicab, cable car, streetcar,
trackless trolley, or other vehicle, including a vehicle operated on
stationary rails or on a track or rail suspended in the air, and used
for the transportation of persons for hire, every robbery of any
passenger which is perpetrated on any of these vehicles, and every
robbery which is perpetrated in an inhabited dwelling house, a vessel
as defined in Section 21 of the Harbors and Navigation Code which is
inhabited and designed for habitation, an inhabited floating home as
defined in subdivision (d) of Section 18075.55 of the Health and
Safety Code, a trailer coach as defined in the Vehicle Code which is
inhabited, or the inhabited portion of any other building is robbery
of the first degree.
(b) Every robbery of any person while using an automated teller
machine or immediately after the person has used an automated teller
machine and is in the vicinity of the automated teller machine is
robbery of the first degree.
(c) All kinds of robbery other than those listed in subdivisions
(a) and (b) are of the second degree.

213. (a) Robbery is punishable as follows:
(1) Robbery of the first degree is punishable as follows:
(A) If the defendant, voluntarily acting in concert with two or
more other persons, commits the robbery within an inhabited dwelling
house, a vessel as defined in Section 21 of the Harbors and
Navigation Code, which is inhabited and designed for habitation, an
inhabited floating home as defined in subdivision (d) of Section
18075.55 of the Health and Safety Code, a trailer coach as defined in
the Vehicle Code, which is inhabited, or the inhabited portion of
any other building, by imprisonment in the state prison for three,
six, or nine years.
(B) In all cases other than that specified in subparagraph (A), by
imprisonment in the state prison for three, four, or six years.
(2) Robbery of the second degree is punishable by imprisonment in
the state prison for two, three, or five years.
(b) Notwithstanding Section 664, attempted robbery in violation of
paragraph (2) of subdivision (a) is punishable by imprisonment in
the state prison.

214. Every person who goes upon or boards any railroad train, car
or engine, with the intention of robbing any passenger or other
person on such train, car or engine, of any personal property thereon
in the possession or care or under the control of any such passenger
or other person, or who interferes in any manner with any switch,
rail, sleeper, viaduct, culvert, embankment, structure or appliance
pertaining to or connected with any railroad, or places any dynamite
or other explosive substance or material upon or near the track of
any railroad, or who sets fire to any railroad bridge or trestle, or
who shows, masks, extinguishes or alters any light or other signal,
or exhibits or compels any other person to exhibit any false light or
signal, or who stops any such train, car or engine, or slackens the
speed thereof, or who compels or attempts to compel any person in
charge or control thereof to stop any such train, car or engine, or
slacken the speed thereof, with the intention of robbing any
passenger or other person on such train, car or engine, of any
personal property thereon in the possession or charge or under the
control of any such passenger or other person, is guilty of a felony.

215. (a) “Carjacking” is the felonious taking of a motor vehicle in
the possession of another, from his or her person or immediate
presence, or from the person or immediate presence of a passenger of
the motor vehicle, against his or her will and with the intent to
either permanently or temporarily deprive the person in possession of
the motor vehicle of his or her possession, accomplished by means of
force or fear.
(b) Carjacking is punishable by imprisonment in the state prison
for a term of three, five, or nine years.
(c) This section shall not be construed to supersede or affect
Section 211. A person may be charged with a violation of this section
and Section 211. However, no defendant may be punished under this
section and Section 211 for the same act which constitutes a
violation of both this section and Section 211.

Embezzlement (PC 503):

If you fraudulently appropriate property that belongs to someone else and has been entrusted to you, you can be charged and convicted of embezzlement, even if you borrowed it temporarily.

Penalties (PC 503):

Depending on the value that was stolen or borrowed, embezzlement in California is punished as California grand theft or California petty theft. Grand theft is when the property was worth more than $950, or is an automobile. This form of embezzlement is treated as a “wobbler,” giving the prosecutor the discretion as to charge you with a misdemeanor or felony. A misdemeanor charge can lead up to 1 year in county jail, while felony grand theft is punishable up to 3 years. Property that is worth less than $950 is a form of petty theft- a misdemeanor punishable by up to 6 months in county jail.

Legal Defenses (PC 503):

In order to be convicted under Penal Code 503 PC, it must be proven that you had criminal intent, were not falsely accused, and that you had no right to the property. We will work with you and the facts of your case to disprove the above notions.

Defenses to Embezzlement Charges

Claim of good faith: The defendant openly took the property with a good faith belief of title. However, this defense likely does not apply if the defendant kept the property of another as compensation for debts owed to the defendant.

Claim of authority: The defendant can show that the property was properly taken during the scope of duties through a power-of-attorney or trust instrument, or through another arrangement requiring the acts of an agent.

No demand: While a demand is not explicitly required by law as an element of the crime, the owner of the property should make a demand or written request for the return of the property. The defendant’s refusal, if any, may reflect the defendant’s criminal intent. If the owner does not make a demand, the defendant may be able to offer a defense of neglect or another non-criminal reason for the lack of return.

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