Robbery & Carjacking · Los Angeles County
LA Robbery & Carjacking Attorney
Facing a Strike Robbery Filing?
Strike defense. ID litigation. Firearm-enhancement mitigation.
Daniel S. RubinRobbery & Carjacking Defense Attorney
01 — Quick Facts
Robbery & Carjacking — At a Glance
02 — California Law
How California Defines Robbery & Carjacking
Robbery under PC §211 (opens in new tab) is the felonious taking of personal property in the possession of another, from their person or immediate presence, against their will, accomplished by force or fear. Every element must be proven beyond a reasonable doubt.
Carjacking under PC §215 (opens in new tab) is robbery-specific to a motor vehicle. Any felony-use enhancement adds a strike and can push a case into Three Strikes territory.
03 — Penalties
Robbery & Carjacking Penalties — What You Are Facing
| Offense | Statute | Classification | Prison Term | Strike? | Enhancements | 85% Rule? |
|---|---|---|---|---|---|---|
| First-Degree Robbery | PC §212.5 | Felony | 3, 4, or 6 yrs | Yes | + firearm, GBI, gang | Yes |
| Second-Degree Robbery | PC §211/212.5 | Felony | 2, 3, or 5 yrs | Yes | + firearm, GBI, gang | Yes |
| Carjacking | PC §215 | Felony | 3, 5, or 9 yrs | Yes | + firearm, GBI, gang | Yes |
| In-Concert Robbery | PC §213(a)(1)(A) | Felony | 3, 6, or 9 yrs | Yes | + firearm, GBI, gang | Yes |
| Firearm Use | PC §12022.53 | — | +10 / 20 / 25-to-life | Adds strike | Consecutive | Yes |
| GBI Enhancement | PC §12022.7 | — | +3 to 6 yrs | Adds strike | Consecutive | Yes |
| Gang Enhancement | PC §186.22 | — | +10 yrs or life | — | Consecutive | Yes |
Under PC §2933.1 the 85% conduct-credit rule applies — a defendant must serve at least 85% of a robbery or carjacking sentence before parole eligibility. Firearm and gang enhancements are served consecutively at 85% each.
Additional Consequences Beyond the Courtroom
- Strike prior — doubles the sentence on any future felony
- Lifetime state and federal firearm ban
- Immigration: aggravated felony consequences for non-citizens
- Ineligible for probation on a straight felony robbery
- Restitution to the victim is mandatory
- Civil liability — the victim can sue for the same conduct
- Employment background exposure — visible for life
- Ineligible for many early-release and diversion programs
04 — Defense Strategies
How We Fight Robbery & Carjacking Cases
Misidentification
Show-up and photo-six-pack IDs are unreliable.
- We cross-examine ID procedures and, where warranted, retain an eyewitness expert.
No Force or Fear
Without force or fear, the case is theft — not robbery.
- Escalating a §484 or §487 to §211 requires proof beyond a reasonable doubt.
Claim of Right
A good-faith belief that the property was yours negates robbery.
- Property-dispute cases often collapse under this doctrine.
Firearm Element Attack
Personal use, discharge, and GBI enhancements must each be proven.
- We dismantle the People's use theory to strip the mandatory add-on.
Suppression
Illegal show-ups, tainted lineups, and Miranda violations can eliminate the People's identification and statement evidence.
Prefile Advocacy
Before the DA files, we present exculpatory evidence, alibi, and mitigation to secure rejection or a non-strike filing.
05 — Charge Types
Robbery & Related Charges We Defend
Estes Robbery
Shoplifting escalated by force or fear when confronted. Frequently overcharged from a theft.
Learn moreSecond-Degree Robbery
Robbery on the street, in a store, or in commerce. Default felony strike.
Learn moreFirst-Degree Robbery
Inhabited-dwelling, ATM, driver, or passenger robbery. Enhanced sentencing exposure.
Learn moreCharged when the taking is not completed. Still a strike if felony-graded.
Learn moreRobbery With a Firearm
Mandatory consecutive 10/20/Life enhancements. Trial leverage is limited without early defense work.
Learn more06 — Possible Outcomes
Possible Outcomes in a Robbery / Carjacking Case
Case Dismissed or Not Filed
The best possible outcome — no conviction, no record.
- Eyewitness-ID challenges via cross-racial and lineup experts
- Suppression of show-up and photo-lineup identifications
- PC §995 dismissal where force or fear cannot be proven
Reduced to Grand or Petty Theft
- PC §211 reduced to PC §487 grand theft or §484 petty theft
- Firearm enhancement (PC §12022.53) stricken
- Carjacking (PC §215) reduced to unlawful driving (VC §10851)
Minimized Sentence
If a conviction cannot be avoided, we fight for the lowest possible exposure.
- Strike stipulation removed via Romero
- Youth-offender parole hearing set under PC §3051
- Concurrent sentencing and enhancement dismissal under PC §1385
Youth & Post-Conviction Relief
- Franklin-hearing mitigation for youthful defendants
- Mental-health diversion under PC §1001.36 in eligible filings
- SB 1437 relief where liability was aider-and-abettor based
07 — Collateral Consequences
Beyond Prison
- Strike prior for life under PC §667/§1192.7(c)
- 85% conduct-credit rule (PC §2933.1)
- Lifetime firearm ban (state and federal)
- Immigration: aggravated felony consequences
- Occupational licensing bars indefinitely
- Ineligibility for probation on felony filings
- Registration and monitoring in gang cases
- Restitution obligations enforceable for life
08 — FAQs
Robbery & Carjacking Questions — Los Angeles
What is the difference between robbery and theft?
Robbery (PC §211) requires force or fear during the taking; theft (PC §484/§487) does not. A shoplifting can escalate into an 'Estes robbery' if the suspect uses force to escape after being confronted.
Is robbery a strike in California?
Yes. Every degree of robbery is listed as both a serious felony (PC §1192.7(c)) and, when GBI or firearm-use is involved, a violent felony (PC §667.5(c)). Strike consequences last for life.
Can carjacking be reduced to a misdemeanor?
No. PC §215 is a straight felony with no wobbler provision. However, carjacking can sometimes be resolved with a plea to a lesser related offense like grand theft auto (PC §487(d)) that is not a strike.
What is a Estes robbery?
An Estes robbery (People v. Estes, 1983) is a shoplifting that becomes a robbery when the shoplifter uses force or fear to keep the property while fleeing — even briefly, and even without weapons. It carries the same strike consequences as any other §211.
What if a weapon was not actually used?
The People often over-plead firearm enhancements to increase leverage. Personal use under §12022.53 requires proof of display, use, or discharge — replicas and unloaded firearms have specific rules. Aggressive litigation strips these enhancements regularly.
How long does a robbery case take to resolve?
Second-degree robbery cases in LA County typically resolve in 6–12 months. First-degree and carjacking cases with firearm enhancements often exceed 12–18 months. Trial-ready posture drives faster and better outcomes.
Can a robbery charge be expunged?
Felony robbery is generally not eligible for expungement under PC §1203.4 because probation is unavailable. Post-conviction options include Certificates of Rehabilitation, Governor's Pardons, and habeas relief where the conviction is legally defective.
Can I get released on bail for a robbery charge?
Yes, but bail is high — often $100,000+ for second-degree robbery and $250,000+ for first-degree robbery or carjacking. Bail deviation motions and OR release are available with a compelling record.