The 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 threat of force. CPC 211
Not all robberies involve the use of a gun or a knife. A robbery can occur when a shoplifter fights or struggles with a store’s loss prevention officers when he/she is attempting to escape.
When an individual takes something by force or threat of force from any person who is performing his/her duties as an operator of any bus, taxicab, cable car, trolley, train, etc., and any vehicle used for the transportation of person for hire; or takes something from someone in a house, houseboat, or any other inhabited dwelling, that person may be charged with First Degree Robbery. All robberies are filed as Felonies and are considered strikes under California’s Three Strikes Law. (See Strike Cases). The maximum exposure for First Degree Robbery is 6 years state prison.
Every other robbery other than first degree is considered Second Degree Robbery. The maximum exposure for Second Degree Robbery is 5 years.
Mr. Nosratabadi was recently able to successfully defend and dismiss a robbery matter where the defendant was the “alleged getaway driver” of a vehicle. Mr. Nosratabadi was able to dismiss the matter when he demonstrated that the driver had no knowledge of the robbery.