Penal Code §211

California Penal Code 211: robbery explained

PC 211 defines robbery as a taking from a person or immediate presence against the person’s will by force or fear. Degree and sentence are addressed elsewhere.

What makes robbery different from theft

Section 211 defines robbery as the felonious taking of another person’s personal property from that person or the person’s immediate presence, against the person’s will, accomplished by force or fear.

The location of the property, the timing and nature of any force or fear, and who possessed it are distinct questions. A theft allegation does not become robbery merely because property was taken.

What fear means in this statute

Section 212 explains that the fear in section 211 can involve unlawful injury to the person or property of the person robbed, certain relatives or family members, or someone accompanying that person at the time. The exact alleged threat and its context matter.

Degree and felony punishment

Section 213 supplies felony prison terms that depend on robbery degree and, for a particular first-degree scenario, whether the defendant acted in concert with others in an inhabited place. Second-degree robbery carries a stated two-, three-, or five-year state-prison range; other first-degree provisions differ.

Do not treat the definition in section 211 as a complete sentencing chart. Degree, additional allegations, and the actual charged conduct need separate review.

Evidence to identify

Compare witness accounts, surveillance, property records, the sequence of the taking, and any claimed use of force or fear. The precise complaint and degree allegation should guide the analysis.

Common questions

Is robbery just a high-value theft?

No. Section 211 focuses on a taking from the person or immediate presence against the person’s will by force or fear; it does not define robbery by a dollar threshold.

Where are robbery penalties stated?

Section 213 states the prison ranges by degree and circumstance. Section 211 provides the offense definition.

Sources

Legal information disclaimer

This page is general legal information, not individualized legal advice, and it does not account for the facts of any particular case. Reading it or contacting the firm does not by itself create an attorney-client relationship. Statutes and procedures change; confirm the current text with the official source before relying on it.