Law Offices of Severo, PLC

Call Us At 888-983-1217 

To Schedule Your Free Consultation. Hablamos Español.

Fierce Defense Of Your Freedom And Rights

The difference between first and second degree robbery in California

On Behalf of | Feb 7, 2022 | Theft Crimes |

According to California penal code, robbery is a felony offense involving the use of force or fear (such as through threats, for example) when taking property from someone. Since robbery could potentially lead to physical injuries, prosecutors treat these offenses harshly.

Depending on the details of your situation, you could face first degree or second degree robbery charges. As you might expect, first degree robbery is the more serious offense, but a conviction on either charge typically comes with life-changing penalties.

Exploring California’s Penal Code on robbery

California Penal Code 212.5 outlines the elements of robbery in the first degree as follows. The robbery of any person in:

  • An inhabited dwelling such as a house or apartment
  • An inhabited water vessel (boat) or floating home
  • An inhabited trailer coach (pull behind camper)
  • An inhabited portion of any other structure

It is also a first degree offense if the robbery targets the passengers or on-duty operators of public transportation vehicles like buses, taxis, streetcars, trains, etc, and when it targets people during or after the use of an automated teller machine, first degree charges will likely apply. The penalties for a conviction typically include serving time in state prison.

Robbery in the second degree covers all other situations that do not fall into the first degree category. Although it is a lesser charge, you could still face a lengthy prison term upon conviction for second degree robbery.

Protecting your future when you’re facing a robbery charge

When seeking to lessen the severity or overcome robbery charges, it is wise to take advantage of any legal knowledge that will improve your situation. Speaking with a California criminal defense attorney about your situation is critical if you want the most favorable outcome possible for your case.