Felony Robbery Under California Penal Code Section 211

Robbery is the felony level crime of taking or attempting to take an item of value by force or threat of force or by placing another person in fear while taking their property. In California, robbery falls within the Three Strikes Law and carries substantial prison sentencing. If more than one person is involved in a robbery, and if the crime is alleged to have been done for the benefit of a criminal street gang, then gang allegations may be added to the charges against the accused. Any special allegations charged will increase the sentence imposed if proven beyond a reasonable doubt. A thorough analysis of the available evidence and witnesses should be performed by a skilled criminal lawyer prior to conducting the preliminary hearing in a robbery case in order to combat a strike conviction and any sentencing enhancement allegations.

First and Second Degree Felony Robbery - Three Strikes Law

Robbery may be of the first or second degree. First degree felony robbery carries a prison sentence of three, four, or six years prison time when the accused is alleged to have acted alone. When two or more persons are alleged to have acted in concert the sentence range is increased to three, six, or nine years state prison. Second degree felony robbery has a sentencing range of two, three, or five years state prison. When a firearm or other weapon is involved the potential sentence increases substantially. The preliminary hearing will be the first opportunity for the criminal defense lawyer to cross examine witnesses in a felony case. It is important to review and analyze the evidence as early in the case as possible to prepare diligently for the preliminary hearing. Anyone accused of a serious felony crime should contact a criminal defense lawyer immediately and invoke their Constitutional rights to remain silent and have counsel present during any and all questioning.

California's Three Strikes Law

Under California's three strikes law, any future felony conviction would carry a sentence of double the prison time for the new felony. A Romero motion by the criminal defense lawyer to strike the strike may be made at any time prior to the imposition of sentence. In rare instances the District Attorney may agree to request that the judge strike the strike pursuant to penal code section 1385 in the interest of justice.