SECOND DEGREE ROBBERY, PC 211 (Second Degree Robbery)
Second Degree Robbery, PC 211, is anything that does not qualify as FIRST Degree Robbery. For purposes of this page, we will only focus on Second Degree Robbery, PC 211, which is a charge that is more common in criminal court. Second Degree Robbery, PC 211, is always charged as a felony.
Elements of Second Degree Robbery, PC 211
- The victim had possession of something of value, however small
- Defendant took the property from the victim or the victim’s immediate presence
- The property was taken against the will of the victim
- The taking was done by either force or fear
- The defendant specifically intended to deprive the victim of the property
A conviction of Second Degree Robbery, PC 211, carries a maximum sentence of 5 years in state prison. Keep in mind that First Degree Robbery (which is not covered on this page) carries a maximum state prison sentence of 9 years).
Second Degree Robbery, PC 211, is a strike because it is a “violent” crime.
Defenses Against Second Degree Robbery, PC 211
- The property you took was yours to begin with.
If you had a good faith belief that the property belonged to you, you are not guilty of robbery. You could be guilty of another crime, but it wouldn’t be robbery because you were not taking someone else’s property.
2. You did not use force or fear.
If you didn’t use force or fear, it’s not robbery. It could be larceny because you took someone else’s property, but because you didn’t not use force or fear, you are not guilty of robbery.
3. You were misidentified as the suspect.
Keep in mind that people committing robberies do it very quickly, which means that they are in and out. This prevents witnesses from being able to get a good look at them. If you have the same body type as the suspect, and if the robbery took place at night (which is very common), there is a good chance that witnesses thought it was you just because you resemble the suspect.
4. You never intended to take the property.
In order for you to be guilty of Second Degree Robbery, PC 211, you had to have had the intent to deprive the other person of the property. For instance, let’s say you were trying to take back a bag that the other person had stolen from you, and you grabbed the bag back from that person but you did not know that the bag now contained a diamond ring. In this case, you are not guilty of robbery. You had no intention of depriving that person of the diamond ring. You just wanted your bag back.
Second Degree Robbery, PC 211, can be difficult to litigate. Our firm is aggressive in finding every defense possible, whether you were falsely accused or because you were simply trying to take back property that you thought belonged to you. Whatever the case, call our firm to see if we can help you with your case. Consultations with our firm are always free. We are located in Orange County but also serve LA County, Riverside County, San Bernardino, and all of southern California. Our phone number is 213-235-7969 and we look forward to working with you.