California Penal Code Section 211 defines Robbery as follows: 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 Section 212 defines the element of fear as follows: 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.
At common law robbery was often defined as (1) the felonious taking (2) of the personal property of another (3) from the persons presence or person (4) by fear, force, violence, or intimidation (5) with the intent to permanently deprive that person of his/her property. Robbery was a felony under the comon law and was basically a larceny with 2 additional elements (1) from the person and (2) by force or intimidation. California statutory law is similar to the common law definition.
Robbery is a felony in California. What are the varying degrees of robbery? How does the degree of robbery impact the charges of robbery filed by the state of California?
What defenses are the there to a criminal charge of robbery in California? Do you need the help of an attorney in order to mount a criminal defense to the charge of robbery? The criminal charge of robbery is a very serious offense and you can go to prison if convicted. Accordingly it if you are being charged with the criminal offense ofrobbery it is very important that you consult with a knowledgeable attorney in order to properly defend the criminal charges filed by the state.
Our Southern California criminal attorney serves greater Orange County in communities such as Newport Beach, Santa Ana, Irvine, Westminster, Costa Mesa, Huntington Beach, and Laguna Beach and routinely appears in the local courts such as the Orange County Central Courthouse (Santa Ana Court), Newport Beach Courthouse (Harbor Justice Center), Westminster Courthouse, Fullerton Courthouse, Los Angeles Courts, North County San Diego Courthouse (Vista Court), Riverside Courts, and Long Beach Courthouse. Contact an Orange County criminal attorney in our Newport Beach office for further help with your Southern California criminal law charges.
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