California Robbery Essay

In the Model Penal Code (MPC) section 211, California law defines robbery as “taking property from the immediate possession of another person, accomplished by means of force or fear” (Shouse California Law Group, 2016). In other words, using violence or the threat of violence in order to coerce somebody to give a person their property. As a result, the use of force or fear is what separates robbery from ordinary theft crimes. Additionally, the immediate possession of another person means that the property is in their possession or immediate vicinity; however, the property taken does not necessarily have to be the owners. Furthermore, under California’s robbery law, the crime of robbery continues until the individual reaches a safe location.

According to Kraut Law Group, under California’s Model Penal Code (MPC) 211 the elements of robbery are:

1. The defendant took property that did not belong to him or her.

2. The property was taken from another person’s possession and immediate presence.

3. The Property was taken against that person’s will.

4. The defendant used force or fear to take the property or to prevent the other person from resisting.

5. When the defendant used force or fear to take the property, the defendant intended to deprive the owner of it either permanently or for a long enough time to deprive him or her of a major portion of its value.

To determine the penalty for a robbery, California law has created two classifications of robbery known as first-degree or second-degree robbery. Robbery in the first-degree occurs under the following circumstances:

1. The victim is a driver or passenger of a bus, taxi, cable car, streetcar, trackless trolley, subway, or other transportation for hire;

2. The robbery takes place in an inhabited house, boar, or trailer; or

3. The robbery takes place while or immediately after the victim uses an ATM (Shouse California Law Group,