What is 2nd Degree Robbery in California?
In California, robbery is a serious crime that is defined as the taking of someone else’s property by force or fear. Robbery is a "strike" offense, which means that it can lead to more severe penalties and consequences if a person has a prior conviction for a strike offense.
First Degree Robbery vs. Second Degree Robbery
There are two types of robbery in California: first degree robbery and second degree robbery. First degree robbery is the most serious form of robbery and is defined as the taking of someone else’s property by force or fear while using a weapon or inflicting great bodily injury. First degree robbery is punishable by 5, 7, or 9 years in prison.
Second Degree Robbery
Second degree robbery, on the other hand, is the taking of someone else’s property by force or fear, but without the use of a weapon or the infliction of great bodily injury. Second degree robbery is punishable by 3, 5, or 7 years in prison.
Elements of Second Degree Robbery
To prove second degree robbery, the prosecution must show that the defendant:
- Took someone else’s property
- Did so by force or fear
- Did not use a weapon
- Did not inflict great bodily injury
Examples of Second Degree Robbery
Here are some examples of second degree robbery:
- A person takes a wallet from someone’s pocket at a restaurant by threatening to harm them if they don’t comply.
- A person takes a purse from someone’s hand at a mall by using physical force to grab it.
- A person takes a bicycle from someone’s garage by breaking into the garage and taking the bike.
Penalties for Second Degree Robbery
As mentioned earlier, second degree robbery is punishable by 3, 5, or 7 years in prison. The specific penalty depends on the defendant’s criminal history and the severity of the offense.
Enhancements and Sentencing Considerations
In addition to the base term, the court may also impose enhancements, which are additional penalties for certain factors related to the offense. For example, if the defendant used a weapon during the robbery, they may be subject to an enhancement that adds 2, 4, or 6 years to their sentence.
Defenses to Second Degree Robbery
While it may seem like a straightforward crime, there are defenses to second degree robbery that a defendant may raise. Some common defenses include:
- Lack of evidence: If there is not enough evidence to prove that the defendant committed the crime, they may be able to raise a defense of lack of evidence.
- Self-defense: If the defendant was acting in self-defense, they may be able to raise a defense of self-defense.
- Mistaken identity: If the defendant was mistakenly identified as the perpetrator, they may be able to raise a defense of mistaken identity.
Table: Comparison of First and Second Degree Robbery
| First Degree Robbery | Second Degree Robbery | |
|---|---|---|
| Use of a weapon | Yes | No |
| Infliction of great bodily injury | Yes | No |
| Penalty | 5, 7, or 9 years in prison | 3, 5, or 7 years in prison |
| Criminal history considerations | More severe penalties for prior convictions | Less severe penalties for prior convictions |
Conclusion
Second degree robbery is a serious crime in California that carries significant penalties and consequences. It is important to understand the elements and defenses of the crime to ensure that your rights are protected. If you or someone you know has been charged with second degree robbery, it is important to seek the advice of an experienced criminal defense attorney who can help you navigate the legal process and achieve the best possible outcome.
