Robbery in CA

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Man pointing a gun at cameraIn California, under Penal Code Section 211-215, robbery is the forceful acquisition of another person’s personal property.

Generally, this involves taking someone else’s property while it is within his immediate vicinity or possession. The act involves taking another person’s property against his will or by using fear as a means to obtain his property against his will. If you are charged with this crime, you will need the help of a skilled bondsman.

1st Degree and 2nd Degree Robbery

There are elements that constitute fear in a California robbery. A person must believe that he may sustain unlawful injury to his body, a loved one’s, or his property. The unlawful injury to a person, his property, or his loved one must believe that he was under immediate threat by the robber. The penalties of robbery vary and depend on whether it was a robbery in the 1st degree or robbery in the 2nd degree.

If a person is operating, under his official duties, a city bus, taxi, street car, trolley, cable car, or any type of vehicle and is a victim a robbery, it is considered a 1st degree robbery. If someone is using an ATM or within the proximity of an ATM after using it and is a victim of robbery, it is considered 1st degree robbery. If a person is robbed in his residence that is on land or water, vehicle, or place of business, it is considered 1st degree robbery. 1st degree robbery is a state crime, and if convicted, it can lead to 3-9 years in state prison, and 2nd degree robbery is punishable by 2, 3, or 5 years in California state prison.

If it is a 3rd felony conviction, it can lead to 25 years to life in prison under California’s 3-strikes and you’re out rule. Whether a person is accused of 1st degree robbery or 2nd degree robbery will depend on the surrounding mitigating or aggravating factors involved in the robbery itself. A sure way to enhance the aggravating factors of robbery will depend on whether someone suffers bodily harm as a result of the robbery. Bodily harm can generally add up to 6 years to a prison sentence if convicted.

If a firearm is used in and for the purpose of facilitating a 1st or 2nd degree robbery, it can bring sentence enhancements of 10 years, 20 years, or 25 years to life in prison. Generally, if an accused used a firearm, it is 10 years in state prison. If an accused used and fired the firearm during the commission of a robbery, it is 20 years in state prison. If an accused used and fired the firearm during the commission of a robbery and the operation caused a victim to suffer great bodily injury or death, it is 25 years to life.

When to Call a Bail Bond Company

When an accused is processed in jail, he will have a bail hearing, and the amount set forth by the presiding judge will be determined on the defendant’s prior criminal history as well as his current circumstances. The prosecutor will generally ask for a PR bond, a specified amount, or no bail. It is at the discretion of the judge to determine the amount of bail. After the judge determines the bail conditions, the accused can call a bail bonds company and post a fraction of the full amount for a promise to appear.