California Penal Code §211 — Robbery
PC §211 defines robbery as the taking of personal property from another person, from their immediate presence, and against their will, accomplished by force or fear. Robbery is a straight felony and a strike offense. Second-degree robbery carries 2, 3, or 5 years in state prison; first-degree robbery (residential or in a transit setting) carries 3, 4, or 6 years — with firearm and gang enhancements often adding decades.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Robbery Cases in All LA County Courts
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01 — Quick Facts
PC §211 — Robbery at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §211 — Robbery |
| Code Type | Penal Code (PC) |
| Classification | Straight Felony (all degrees) |
| 1st Degree | 3, 4, or 6 years state prison |
| 2nd Degree | 2, 3, or 5 years state prison |
| Firearm Enhancement | PC §12022.53 — 10 / 20 / 25-to-life |
| Strike | Yes — serious AND violent felony (PC §667.5(c), §1192.7(c)) |
| Probation | Discretionary — statutorily disfavored |
| Expungeable | Yes if probation granted (PC §1203.4) |
| Immigration | Aggravated felony / crime of violence — deportable |
| Firearm Rights | Lifetime prohibition (PC §29800) |
| Related Codes | PC §212.5 (Degrees), §213 (Attempt), §215 (Carjacking) |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §211?
What Is California Penal Code §211?
PC §211 Reads:
"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."
— California Penal Code §211
Robbery is the archetypal violent property offense. It combines the taking element of theft with the personal-confrontation element of assault. The People must prove that force or fear — actual physical force or threats causing the victim to submit — was used at some point during the taking or the escape.
Force vs. Fear
Force means physical contact or resistance used to accomplish the taking — a shove, wrestling for a purse, forcing a hand open. Fear means intimidation that causes the victim to submit — implied or explicit threats of harm, brandishing a weapon, or aggressive verbal demands.
Robbery (PC §211)
Property taken from a person or their immediate presence, by force or fear. Felony — 2 to 6 years prison. Strike offense.
Grand Theft Person (PC §487(c))
Taking directly from a person without force or fear — pickpocketing, purse snatching without struggle. Wobbler. Common reduction target.
Why This Law Matters
Robbery is a strike offense under both the serious felony (PC §1192.7(c)(19)) and violent felony (PC §667.5(c)(9)) lists — meaning it doubles all future felony sentences AND limits credits to 15%. First-degree robbery of an inhabited dwelling in concert with two or more people carries 3, 6, or 9 years. Firearm enhancements can add life sentences. Rubin Law, P.C. defends robbery cases across LA County — often securing reductions to grand theft person, petty theft, or attempted robbery.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §211
To convict a defendant of robbery under PC §211, the prosecution must prove each element beyond a reasonable doubt.
You Took Property That Was Not Your Own
The property must belong to someone other than the defendant. A good-faith claim of right — a genuine belief that the property is yours — is a complete defense.
The Property Was in Someone's Immediate Possession or Presence
'Immediate presence' means the property is close enough that the victim could have kept possession if not for the force or fear. Property in a nearby car, next to the victim, or within the victim's reach qualifies.
You Took the Property by Force or Fear With Intent to Deprive
Force or fear must be used either during the taking or during the escape with the property. Intent to permanently deprive the owner of the property must exist at the time force or fear was applied.
03 — Degrees
PC §211 — Tiers & Degrees
PC §212.5 grades robbery into two degrees based on the setting.
First-Degree Robbery
Robbery of an inhabited dwelling, of a driver or passenger on public transportation, or of a person who has just used or is using an ATM. Enhanced exposure applies when three or more defendants act in concert (3, 6, or 9 years).
- Strike offense (both serious and violent felony)
- In-concert enhancement adds substantial time
- Not probation-eligible with certain priors
Second-Degree Robbery
Every robbery that is not first degree — street robberies, commercial takeovers, most muggings. Still a strike, still a straight felony.
- Strike offense
- Firearm enhancements apply (10/20/25-to-life)
- Base term of 2, 3, or 5 years
04 — Penalties
Penalties for PC §211 Robbery in California
Robbery is a straight felony under all degrees. Enhancement stacking often produces sentences of 20+ years.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| 1st Degree Robbery | PC §211/212.5(a) | 3, 4, or 6 years | Discretionary | Yes |
| 1st Degree In-Concert | PC §213(a)(1)(A) | 3, 6, or 9 years | No | Yes |
| 2nd Degree Robbery | PC §211/212.5(c) | 2, 3, or 5 years | Discretionary | Yes |
| Attempted Robbery | PC §664/211 | Half the base term | Yes | Yes |
| Robbery + Firearm Discharge Causing GBI | PC §12022.53(d) | Base + 25-to-life consecutive | No | Yes |
Enhancements That Multiply Robbery Sentences
Personal Use of Firearm
PC §12022.53(b)
+10 years consecutive for personal use of a firearm during the robbery.
Discharge of Firearm
PC §12022.53(c)
+20 years consecutive for personal and intentional discharge.
Discharge Causing GBI
PC §12022.53(d)
+25 years to life consecutive when discharge causes great bodily injury or death.
Gang Enhancement
PC §186.22(b)
+10 years consecutive (or 15-to-life for certain robberies) when committed for gang benefit.
Great Bodily Injury
PC §12022.7
+3 to 6 years for personally inflicted GBI (not stacked with §12022.53(d)).
Prior Serious Felony
PC §667(a)(1)
+5 years consecutive for each prior serious felony conviction.
Beyond the Sentence
- Strike offense — doubles all future felony sentences
- Violent felony — credits limited to 15% (must serve 85% of sentence)
- Lifetime firearm prohibition (PC §29800)
- Aggravated felony for immigration — mandatory deportation
- State prison commitment — not local custody under PC §1170(h)
- Restitution to the victim for property loss and injury
- Ineligibility for most professional licenses
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §211 Robbery Charges
Robbery cases turn on identification, the force or fear element, and the timing of intent. Rubin Law, P.C. attacks every angle.
Mistaken Identification
Robbery victims often see the defendant only briefly under stressful conditions. Weapon focus, cross-racial identification, and suggestive lineups all produce misidentifications. We litigate with expert eyewitness testimony and challenge photo lineup and show-up procedures.
CALCRIM 315
Claim of Right / Good-Faith Belief
If the defendant took property he genuinely believed was his own — recovering a loan, retrieving borrowed property, collecting a debt — the crime is not robbery. Claim of right is a complete defense even if the belief was mistaken, as long as it was honest.
CALCRIM 1863 / People v. Tufunga
No Force or Fear Was Used
If the property was taken without physical force and without intimidation, the crime is theft — not robbery. Purse snatchings, pickpocketing, and sudden grabs frequently fail the force element because no resistance was overcome.
PC §211 / CALCRIM 1600
Afterthought — Intent Formed After Taking
The intent to steal must exist at the time force or fear was used. If the defendant took the property first and only later used force (during an unrelated struggle, for example), the crime is theft, not robbery. People v. Green (1980) — a critical defense.
CALCRIM 1600 / People v. Green
Suppression of Evidence
Stolen property, weapons, cell phone location data, and identifications resulting from unlawful searches or arrests can be suppressed under PC §1538.5. Suppression often forces reduction or dismissal.
PC §1538.5
Duress or Coercion
If the defendant participated in the robbery under threat of imminent death or great bodily harm, duress is a complete defense. This defense is often available to reluctant getaway drivers and participants coerced by co-defendants.
CALCRIM 3402
Miranda / Statement Suppression
Confessions and admissions obtained without proper Miranda warnings or through coercive interrogation are inadmissible. Robbery cases frequently involve custodial statements — challenge them under Miranda and PC §1538.5.
Miranda / PC §1538.5
Constitutional Sources
07 — Court Process
How PC §211 Robbery Cases Move Through Los Angeles Courts
Robbery cases follow the standard California felony strike timeline and require aggressive early defense intervention.
- 1
Step 1 — Arrest & Booking
Robbery bail typically starts at $100,000; higher for enhancements. We file for bail reduction under PC §1275 at arraignment.
- 2
Step 2 — Arraignment
Charges are read and plea entered. We appear immediately to preserve credits, bail rights, and speedy trial rights.
- 3
Step 3 — Preliminary Hearing
Within 10 court days for in-custody defendants. We cross-examine victims and officers on identification, force/fear evidence, and timing — building the record for later motions and negotiations.
- 4
Step 4 — Pre-Trial Motions
PC §1538.5 (suppression), Pitchess (officer records), motions to strike gun/gang enhancements, and Romero motions to strike prior strikes.
- 5
Step 5 — Plea Negotiations
Most robbery cases resolve through negotiated pleas — often to grand theft person, attempted robbery, or with stricken enhancements. Effective motion practice is the key leverage.
- 6
Step 6 — Trial & Sentencing
Robbery jury trials focus on identification and force/fear. Post-conviction, we advocate for the low term, striking of enhancements, and split sentencing where available.
Los Angeles Courts That Handle PC §211 Robbery Cases
Robbery cases are prosecuted at LA County's felony trial courthouses based on offense location.
Clara Shortridge Foltz Criminal Justice Center
Downtown LA — heavy robbery caseload including in-concert cases.
Compton Courthouse
Compton, Watts, and South LA — historically the highest-volume robbery courthouse in LA County.
Van Nuys Courthouse
San Fernando Valley robbery cases.
Long Beach Courthouse
Long Beach, Signal Hill, and South Bay robberies.
Pomona Courthouse
Eastern San Gabriel Valley robbery cases.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Robbery Defense Attorney
Daniel S. Rubin has defended clients charged with robbery and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §211 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Robbery Cases Throughout LA County
09 — FAQs
PC §211 Robbery Questions — Los Angeles
Is robbery a strike in California?
Yes — robbery is both a serious felony under PC §1192.7(c)(19) and a violent felony under PC §667.5(c)(9), making every robbery conviction a strike. Additionally, the violent-felony designation limits credits to 15%, meaning the defendant must serve 85% of the sentence before release.
What is the difference between robbery and theft?
Robbery requires the additional elements of taking from a person's immediate presence AND using force or fear. Theft (grand or petty) has no force/fear element. A pickpocket who takes a wallet without resistance commits theft; a mugger who threatens the victim to obtain the wallet commits robbery.
Can I be charged with robbery for taking back my own property?
No — under the claim-of-right defense established in People v. Tufunga (1999), taking property you genuinely believe is your own is not robbery, even if you were mistaken. This defense applies to loans, borrowed items, joint property, and legitimate debt collection. However, taking payment for an alleged wrong or seeking treble damages does not qualify.
What is 'in-concert' first-degree robbery?
In-concert first-degree robbery under PC §213(a)(1)(A) applies when a first-degree robbery (residential, transit, or ATM) is committed voluntarily by two or more people acting together. The base term jumps from 3/4/6 years to 3/6/9 years, and probation is unavailable. It is often charged in home-invasion cases.
Can force used during the escape count as robbery?
Yes. Under People v. Estes (1983), force or fear used at any point during the taking OR during the escape while the defendant is still fleeing with the property elevates a theft to robbery. This is called 'Estes robbery' — a shoplifter who assaults a store loss-prevention officer during flight becomes a robber.
Is a threat alone enough for robbery?
Yes. Robbery is accomplished by force OR fear — fear is enough. Fear can be actual or implied. Displaying a weapon (even a fake one), aggressive verbal demands, and implicit threats all satisfy the fear element. The victim need not testify to actual fear if the circumstances would put a reasonable person in fear.
Can I get probation for a robbery conviction?
Probation is theoretically discretionary but statutorily disfavored for robbery under PC §1203(e)(2). Courts routinely deny probation and impose the low term when mitigation is strong. Rubin Law, P.C. presents mitigation — mental health evaluations, character letters, treatment records — to advocate for probation and split sentencing where available.
How does the firearm enhancement affect a robbery sentence?
PC §12022.53 — the '10-20-life' enhancement — dramatically increases robbery sentences. Personal use of a firearm adds 10 years; personal and intentional discharge adds 20 years; discharge causing GBI or death adds 25-to-life. These enhancements run consecutive to the underlying robbery sentence. Motion practice under People v. Tirado and SB 620 can result in a lesser enhancement being imposed or the enhancement being stricken entirely.
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Charged With Robbery in Los Angeles?
PC §211 is a strike offense with mandatory prison time and firearm enhancements adding decades. Call Rubin Law, P.C. today for a free consultation.