Robbery is a serious felony in California. Unlike ordinary theft, robbery involves taking property from another person’s possession or immediate presence through force or fear. California divides robbery into first degree and second degree, and the difference can significantly affect prison exposure.
Updated: October 28, 2026. Last reviewed: October 28, 2026. This article provides general information only, not legal advice. Exact charges and penalties depend on the facts, location, alleged conduct, criminal history, and enhancements. Laws and sentencing rules can change. Consult a qualified California criminal defense attorney about your circumstances. Adapted from the jD LAW article originally published November 30, 2020, using the supplied revised content and clarifying Penal Code § 213’s requirement of two or more other participants.
What Is Robbery Under Penal Code § 211?
Under California Penal Code § 211, robbery is the felonious taking of personal property:
- In the possession of another person;
- From that person’s person or immediate presence;
- Against that person’s will; and
- Accomplished by force or fear.
The prosecution must also prove the required theft intent. In many cases, that means intent to permanently deprive the owner of the property. California law also treats taking property for a period long enough to deprive the owner of a major portion of its value or enjoyment as sufficient in appropriate circumstances.
“Immediate presence” does not necessarily mean the property was in the victim’s hands. It can include property close enough that the victim could have retained control of it if not for the force or fear used.
What Counts as Force or Fear?
Force does not need to cause serious injury. The prosecution must establish force sufficient to overcome resistance or otherwise satisfy the legal standard for robbery; the physical effort of taking an item alone does not establish force in every case.
Penal Code § 212 includes fear of unlawful injury to the victim’s person or property, or to the person or property of a relative or family member. It also includes fear of immediate unlawful injury to another person present during the robbery or that person’s property.
A theft can become robbery when force or fear is used to accomplish the taking or to retain the property during its carrying away before reaching a place of temporary safety. A taking without force or fear may instead involve petty theft, grand theft, burglary, or another offense, depending on the elements proven.
First-Degree Robbery
California Penal Code § 212.5 defines first-degree robbery by certain victims, locations, or circumstances. It includes robbery of:
- A person operating a bus, taxicab, cable car, streetcar, trackless trolley, or another vehicle used to transport people for hire;
- A passenger on one of those vehicles;
- A person in an inhabited dwelling house;
- A person in an inhabited vessel designed for habitation, inhabited floating home, or inhabited trailer coach;
- A person in the inhabited portion of another building; or
- A person using an ATM, or immediately after using an ATM while still in its vicinity.
Examples may include robbing a taxi driver, robbing someone inside their home, or confronting someone just after they withdraw money from an ATM.
A robbery inside an ordinary store or business is not automatically first-degree robbery merely because it occurred in a commercial location. The statutory categories control. A building’s qualifying inhabited portion requires separate analysis.
Second-Degree Robbery
All robberies that do not fit within the first-degree categories are second-degree robbery under Penal Code § 212.5.
Examples can include a street robbery away from an ATM, a robbery in an uninhabited commercial space, or another robbery that does not involve a qualifying for-hire vehicle, inhabited residence, or ATM circumstance. Second degree is still a felony, not a misdemeanor form of robbery.
Penalties for Robbery
First-degree robbery: 3, 4, or 6 years
Under Penal Code § 213, ordinary first-degree robbery carries a state-prison term of three, four, or six years.
Qualifying first-degree robbery in concert: 3, 6, or 9 years
The three-, six-, or nine-year range applies when the defendant voluntarily acts in concert with two or more other persons—at least three participants total—to commit robbery in a qualifying inhabited dwelling, vessel, floating home, trailer coach, or inhabited portion of another building.
“In concert” means acting together. This range is not triggered merely because a robbery happened at a music concert, involved two people total, or occurred in an ordinary commercial location.
Second-degree robbery: 2, 3, or 5 years
Second-degree robbery carries a state-prison term of two, three, or five years. These are standard terms before any legally applicable enhancements or other sentencing provisions.
A court may also impose a felony fine of up to $10,000, restitution, and other obligations. Formal probation may be available in some cases, but statutory restrictions and the facts can limit or prohibit it. Robbery is a serious and violent felony and counts as a strike under California’s Three Strikes law. No particular sentence or probation outcome is guaranteed.
Weapons, Injuries, and Enhancements
California does not create a separate Penal Code § 211 offense named “armed robbery.” A robbery involving a firearm is still prosecuted as robbery, but qualifying firearm or other weapon use can support enhancements or additional criminal charges.
If someone was injured, prosecutors may consider additional charges or enhancements based on the injury, weapon use, gang allegations, or other aggravating facts. These allegations can substantially increase exposure, but each must satisfy its own legal requirements. They are not automatic simply because a robbery is alleged.
Robbery vs. Carjacking
Carjacking is a separate offense under Penal Code § 215. It involves taking a motor vehicle from the possession and immediate presence of its possessor, or from the person or immediate presence of a passenger, against that person’s will, using force or fear.
Carjacking can involve an intent to deprive the possessor of the vehicle temporarily or permanently. Robbery generally requires the theft intent discussed above. This difference does not mean carjacking and robbery can never overlap.
Depending on the facts, prosecutors may allege both robbery and carjacking. Section 215 permits charges under both statutes but prohibits punishment under both for the same act. Counsel should examine the precise taking, intent, and applicable sentencing limits.
Common Defenses to Robbery Charges
A robbery charge requires proof of every element beyond a reasonable doubt. Potential defenses depend on the evidence and include:
- No force or fear: Taking property without the required force or fear is not robbery, although a different charge may remain.
- No intent to steal: Permission, a misunderstanding, or evidence about the intended use or return of the property may undermine the required intent. A claim of ownership is subject to important limits and does not generally authorize forcibly collecting a debt.
- Mistaken identity: Surveillance footage, witness descriptions, and police identifications may be unreliable.
- Property was not in the victim’s immediate presence: The location and control of the property can be central.
- Insufficient evidence: The prosecution must connect the accused person to the taking and the required force or fear.
- Unlawful police conduct: Evidence obtained through an unlawful stop, search, or interrogation may be subject to suppression when the legal requirements are met.
Frequently Asked Questions About Robbery Charges
What makes robbery first degree in California?
Penal Code § 212.5 identifies qualifying circumstances, including certain for-hire vehicle operators and passengers, inhabited residential locations, and victims using an ATM or immediately afterward while still nearby. An ordinary store robbery is not automatically first degree.
What is the sentence for second-degree robbery?
The standard state-prison terms are two, three, or five years under Penal Code § 213. Enhancements, prior convictions, and other sentencing rules can change the total exposure. A lawyer must review the actual allegations before advising about a likely sentence.
Is armed robbery a separate crime in California?
“Armed robbery” commonly describes robbery involving a weapon, not a separate § 211 offense. Qualifying firearm or weapon use can support sentence enhancements or additional charges when their requirements are proven.
Speak With a San Diego Robbery Defense Lawyer
Robbery allegations can lead to prison, restitution, and a permanent felony record. Because first- and second-degree robbery turn on technical statutory categories, it is important to have a lawyer review the alleged location, victims, force or fear, and intent.
Attorney James N. Dicks of jD LAW Criminal Defense Attorney is a Certified Criminal Law Specialist and former police detective. He represents clients throughout San Diego County and North County in robbery, theft, burglary, and violent-crime cases.
For a free consultation, call (760) 630-2000 or contact our team. Contacting the firm does not by itself establish an attorney-client relationship.