IN GENERAL:
Penal Code §211 provides that robbery is defined as the felonious taking of
personal property in the possession of another, from his person or immediate
presence, and against his will, accomplished by means of force or fear.

The fear mentioned above may be either (1) the fear of an unlawful injury to the
person or property of the person robbed, or of any relative of his or member of his
family; or (2) the fear of an immediate and unlawful injury to the person or
property of anyone in the company of the person robbed at the time of the robbery.




Penal Code §212.5 provides the different degrees of robbery.  Every robbery of any
person who is performing his or her duties as an operator of any bus, taxi, cable
car, streetcar, trackless trolley, or other vehicle, every robbery of any passenger
which is perpetrated on any of these vehicles, and every robbery which is
perpetrated in an inhabited dwelling house, a vessel which is inhabited and
designed for inhabitation, an inhabited floating home, a trailer coach which is
inhabited, or the inhabited portion of any other building is robbery in the 1st
degree.  
Also, every robbery of any person while using an ATM machine or immediately
after the person has used an ATM machine and is in the vicinity of the machine is
robbery of the 1st degree.
All kinds of robbery other than those listed above are of the 2nd degree.

1st degree robbery is punishable by three, six, or nine years in prison when the
defendant, voluntarily acting in concert with 2 or more other persons, commits the
robbery within an inhabited dwelling as described above.  Any other 1st degree
robbery is punishable in prison for two, three, or five years.  2nd Degree robbery is
punishable by imprisonment in the state prison for two, three, or five years.




Penal Code §215 provides that carjacking is the felonious taking of a vehicle in the
possession of another, from his or her person or immediate presence, or from the
person or immediate presence of a passenger of the vehicle, against his or her will
and with the intent to either permanently or temporarily deprive the person in
possession of the vehicle of his or her possession, accomplished by means of force
or fear.  Carjacking is punishable by imprisonment in the state prison for three,
five, or nine years.
ROBBERY
DEGREES OF ROBBERY & PUNISHMENT
CAR JACKING
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Law Offices of Brian R. Mason.  858-444-5256.  Attorney Brian R. Mason, California State Bar No. 257420, is responsible for
this web page.  This web page is meant for information purposes only.  Nothing in this page shall be construed as legal advise
and nothing in this page creates an attorney client relationship with anyone reading the page.   Additionally, the recent results
posted above do not guarantee victory in any individual case, results may vary.  This page is meant only as a general and
broad reference to the definition of some Robbery and Carjacking crimes.  However, this page does not list all elements
to every Robbery and Carjacking crime, nor does the page list all defenses.  Every case is different and based on the
facts of that particular case.  Do not rely on this information in any legal proceeding.
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