What is Second-Degree Robbery in California?
Definition and Penalties
In California, second-degree robbery is a serious criminal offense that is punishable by law. According to California Penal Code (PC) 459, second-degree robbery is defined as the unlawful taking of someone else’s property or money from their person or immediate presence by force, fear, or intimidation.
Elements of the Crime
For a prosecutor to prove second-degree robbery, they must demonstrate that the defendant committed the following elements:
• The defendant took property or money: The defendant took something of value that did not belong to them.
• The property was taken from the victim’s person or immediate presence: The property was taken directly from the victim’s body or from a location that the victim was reasonably expected to be in control of, such as their purse or wallet.
• The taking was by force, fear, or intimidation: The defendant used or threatened to use physical force, fear, or intimidation to take the property or money.
Penalties
Second-degree robbery is considered a serious felony offense in California, carrying a range of penalties including:
• Imprisonment in state prison: The minimum sentence for second-degree robbery is two, three, or five years in state prison.
• Criminal fines: The defendant may be required to pay a fine of up to $10,000.
• Restitution: The defendant may be ordered to pay restitution to the victim(s) for their losses.
Examples of Second-Degree Robbery
The following scenarios are examples of second-degree robbery:
- A person enters a store and demands cash from the clerk at gunpoint. The clerk gives the thief the cash and the thief leaves the store.
- A person snatches a purse from a woman on the street and runs away.
- A person pushes a person and takes their wallet.
Key Points to Remember
• Second-degree robbery is different from first-degree robbery: First-degree robbery requires proof that the defendant entered a building or vehicle with the intent to commit a theft, while second-degree robbery does not.
• Second-degree robbery can be committed in any location: Second-degree robbery can be committed in a store, on the street, or in any other location.
• The level of force used does not matter: The level of force used to commit the robbery does not matter, as long as it is greater than the force required to take the property.
Defenses
There are several defenses that a person accused of second-degree robbery may use to defend themselves, including:
• Lack of intent: The defendant did not intend to commit a robbery, but rather took the property by mistake or under duress.
• Justification: The defendant committed the robbery to prevent imminent harm or danger to themselves or others.
• Insanity: The defendant was unable to form the intent to commit the crime due to mental illness or defect.
Conclusion
Second-degree robbery is a serious criminal offense in California that carries severe penalties. It is essential to understand the elements of the crime, the penalties, and the defenses in order to effectively defend against these charges. If you or a loved one is accused of second-degree robbery, it is crucial to seek the advice of a qualified criminal defense attorney as soon as possible.
Table: Penalties for Second-Degree Robbery in California
| Penalty | Description |
|---|---|
| Imprisonment | Minimum of 2, 3, or 5 years in state prison |
| Criminal Fines | Up to $10,000 |
| Restitution | Ordered to pay restitution to the victim(s) for their losses |
Note: The penalties listed in the table are the minimum penalties and may be enhanced based on the circumstances of the case.
