What is robbery?
Robbery is a crime against persons instead of being a crime against property. It is penalized under Articles 211-215 of the California Penal Code. In the crime of robbery, while there is an unlawful taking of personal property possessed by another and the taking is against the will of the person in possession, the unlawful taking is accomplished with the use of force or fear. It is not only the taking that is penalized but the employment of force or fear to take the personal property.
How does the California Penal code define “fear”?
In defining the use of “fear” by a robber, Article 212 of the California Penal Code means the fear of unlawful injury to the person who owns or possesses the personal property, to his relatives or members of his family. It may also include fear of an immediate and unlawful injury to the person or property of anyone who is in the company of the person being robbed.
What are examples of first degree robbery?
- Robbery of an operator of a bus, taxicab, cable car, streetcar, trackless trolley or any other vehicle on a rail, track or rail suspended in the air or every transportation of persons for hire.
- Robbery of passengers of any means of transportation of persons for hire
- Robbery of a person while using an automated teller machine or after the person has used an automated teller machine and is still in the vicinity of the automated teller machine.
What are other examples of robbery involving vehicles?
Under 214 of the California Penal Code, a robbery is committed by a person who boards a train, car or engine with the intention of robbing a passenger on the train and interferes with the switch, rail, sleeper, viaduct, culvert, embankment or appliance pertaining to or connected with any railroad, or places dynamite or any explosive substance or material on the tracks or sets fire to a railroad bridge or trestle or masks any light or signal or stops the train.
Carjacking is the taking of a motor vehicle while it is in the possession of another with the intent of permanently or temporarily depriving the person in possession of the vehicle of the vehicle through force or fear.
Under 499b, a person who takes any bicycle without permission of the owner, and temporarily uses or operates it shall be guilty of a misdemeanor. Taking a vessel for temporarily using or operating it shall also be guilty of a misdemeanor.
Under 499d, any person who takes an aircraft that is not his own and without the consent of the owner to permanently or temporarily deprive the owner of his title or possession of the vehicle, steals the aircraft shall be guilty of a felony.
What’s the penalty for robbery?
Robbery in the first degree is punished by imprisonment for three, six and nine years if the defendant acted in concert with two or more persons or commits robbery in an inhabited dwelling house. In other cases, the imprisonment is for three, four or six years. Robbery in the second degree is punished by imprisonment for two, three or five years.