What you’re facing

Robbery (PC 211) is taking property from a person by force or fear. Base sentence: 2, 3, or 5 years for second-degree robbery; 3, 6, or 9 years for first-degree robbery (residential, public transit, ATM). All robbery is a Strike Offense. Personal use of a firearm (PC 12022.53): adds 10 years (used), 20 years (discharged), or 25-to-life (caused great bodily injury). Take-over robberies, home invasion robberies, and robberies with multiple victims face additional charging strategies.

Defenses I build

Robbery cases turn on identification, the element of force or fear, and the claim-of-right defense in certain circumstances. I challenge eyewitness identification – one of the most studied and unreliable forms of evidence. I question whether force or fear was used in the taking, or whether the alleged conduct fits petty theft instead. I scrutinize police lineups and photo arrays for suggestiveness. My recent results include a take-over robbery with kidnapping, firearm use, and 3-strikes exposure – facing multiple life counts – reduced to 12 years.

Common Questions

What is the difference between robbery and theft?

California defines violent crimes broadly: murder and attempted murder, assault and assault with a deadly weapon (Penal Code 245), robbery and armed robbery, kidnapping, criminal threats, and any offense resulting in great bodily injury. Many include gang or firearm enhancements that stack additional years on top of the base sentence. Most are also Strike Offenses, meaning the conviction follows you for life and doubles your exposure on any future felony.

What is a take-over robbery?

A take-over robbery is a forceful entry and control of a business or location – typically with multiple suspects, weapons, and control of multiple victims. They are charged aggressively and often carry the most severe enhancements. My recent take-over robbery result took a case facing multiple life sentences down to 12 years.

Can I face federal robbery charges?

Yes, in certain cases. Bank robberies, robberies of federally-insured institutions, and robberies that cross state lines can trigger federal jurisdiction (18 USC 2113). Federal robbery charges carry mandatory minimums and federal sentencing guidelines that often produce longer sentences than state court. If you are facing federal robbery charges, the defense strategy is fundamentally different from a state case.

Types of Robbery Charges I Defend

Robbery comes in several forms with different exposure profiles. All are Strike Offenses.

Second-Degree Robbery (PC 211)

Standard robbery. 2, 3, or 5 years state prison. Strike Offense.

First-Degree Robbery (PC 212.5)

Residential, public transit, or ATM robbery. 3, 6, or 9 years.

Take-Over Robbery

Forceful entry/control of a business. Aggressive charging strategy.

Home Invasion Robbery

First-degree with additional enhancements. Often charged with kidnapping.

Firearm Enhancements (PC 12022.53)

Adds 10 years (used), 20 years (discharged), or 25-to-life (with GBI).

Carjacking (PC 215)

Robbery of a vehicle by force or fear. 3, 5, or 9 years. Strike.

Estes Robbery

Theft that becomes robbery when force or fear is used to retain stolen property.

Federal Bank Robbery (18 USC 2113)

Federal jurisdiction. Mandatory minimums apply.

Why Robbery Cases Are Defensible

Despite the severe charging environment, robbery cases have defense angles the prosecution often does not want highlighted:

  • Eyewitness identification is the most error-prone form of evidence in criminal cases
  • The force or fear element can be challenged – was there really force? Was the fear reasonable?
  • Lesser included offenses (grand theft from person, petty theft) drop the strike
  • Suppression motions on photo arrays and lineups can eliminate the ID evidence entirely
  • Claim-of-right defense applies in certain circumstances (taking back property you reasonably believe is yours)

The right defense engages early, challenges the identification, and pushes for lesser included offenses where the evidence supports them. Even severe robbery cases – take-overs, multiple counts, firearm enhancements – can resolve dramatically below the initial charging exposure.