Penal Code § 212 PC – Definition of “Fear” in Crime of Robbery

Penal Code § 212 PC defines the term “fear” as it is used for the California crime of robbery. According to this section, a robber instills fear in “victims” if the robber causes them to worry

1. about themselves being injured,
2. about their property getting injured, or
3. about a family member or someone in their company getting injured.

The text of the statute reads that:

212. The fear mentioned in Section 211 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.

According to Penal Code 211, robbery is a crime in which the perpetrator takes personal property from another person, while it is in that person’s possession, and does so against that person’s will and with the use of force or fear.

California law says that there are two types of robbery. These are:

• robbery of the first degree, and
• robbery of the second degree.

First-degree robbery includes robbery of

• any driver or passenger of a bus, taxi, streetcar, subway, cable car, or other vehicle,
• any person in an inhabited structure, or
• any person who has just used an ATM and is still in the vicinity of the ATM.

All other forms of robbery are considered second-degree robbery.

Per California Penal Code Section 213, while robbery in the first degree is a felony offense punishable by up to 9 years in state prison (as opposed to county jail), second-degree robbery is a felony punishable by up to 5 years in prison.

Our California criminal defense attorneys will explain the following in this article:

• 1. What is “fear” in the context of robbery?
• 2. How does Penal Code 211 define robbery?
• 3. What is first- vs second-degree robbery?
• 4. What are the penalties for robbery?

1. What is “fear” in the context of robbery?

California’s criminal laws state that, for the purposes of robbery, a robber puts a “victim” in fear if the robber commits some act that:

1. causes the victim to fear that some injury will occur to himself/herself, a family member, or some injury to the person’s property, or
2. causes the victim to fear that some injury will occur to a person in his/her company or some injury to the personal property of one of these people.¹

Note that a victim’s feeling of fear must be reasonable in order for a person to be convicted of robbery.²

A judge will determine if a victim’s fear is reasonable by analyzing all of the facts in a case.³

Note, too, that a person can instill fear in the commission of a robbery by displaying a deadly weapon or by means of threats of causing death to someone. However, a person can also instill fear by more subtle means.

2. How does Penal Code 211 define robbery?

A prosecutor must prove the following to convict someone of a robbery charge:

1. the defendant took a person’s property,
2. the property was in the possession of another person,
3. the property was taken from the other person or that person’s immediate presence,
4. the property was taken against that person’s will,
5. the defendant used force or fear to take the property or to prevent the person from resisting, and
6. when the defendant used force or fear, he/she intended to deprive the owner of the property permanently or for a long enough time to deprive him/her of a major portion of its value.⁴

Three related offenses to robbery include the following theft crimes:

• grand theft,
• petty theft, and
• grand theft auto.

Per Penal Code 487, grand theft is the crime where people unlawfully take someone else’s property that is valued at $950.00 or more.

Per Penal Code 484, petty theft is the crime where people wrongfully take or steal someone else’s property and the value of the stolen property is $950.00 or less.

Per Penal Code 487d1, grand theft auto is the crime where people take someone else’s motor vehicle, worth $950 or more, and do so without that person’s permission.

3. What is first- vs second-degree robbery?

Under Penal Code 212.5 PC, first-degree robbery is any robbery where any of the following is true:

1. the victim is a driver or passenger of a bus, taxi, cable car, streetcar, trackless trolley, subway, or other similar transportation for hire,
2. the robbery takes place in an inhabited dwelling (for example, a house, boat, or trailer coach), or
3. the robbery takes place while or immediately after the victim uses an ATM.⁵

A house or structure is “inhabited” if someone lives there, and either is present or has left but intends to return.⁶

Under PC 212.5, any other robbery not set forth above is second-degree robbery.⁷

Note that a defendant can challenge any robbery charge with a legal defense/disclaimer. A few common defenses include accused people showing that:

• they were arrested because of mistaken identity,
• a police officer stopped or arrested them without probable cause, and/or
• there was a mistake of fact.

4. What are the penalties for robbery?

Both first-degree robbery and second-degree robbery are felony offenses under California law (as opposed to misdemeanor offenses).

First-degree robbery is punishable by up to 9 years in state prison if:

• the defendant acted in concert with two or more people, or
• the robbery occurred within an inhabited structure.⁸

All other forms of first-degree robbery are punishable by up to 6 years in state prison.⁹

As to second-degree robbery, the crime is punishable by custody in state prison for up to five years.¹⁰

Note that there are a few sentencing enhancements that can add extra prison time to a robbery conviction.

For example, California acknowledges a great bodily injury enhancement per Penal Code 12022.7. The enhancement applies if a defendant commits robbery and causes another person to suffer a “great bodily injury.”¹¹

This sentencing enhancement can add up to an additional 6 years to a person’s robbery sentence.¹²

Further, California law treats robbery as a “violent felony.”¹³ This means it is a so-called “strike offense” under California’s “three strikes” law.

Under the three-strikes law, if someone is convicted of robbery and is then subsequently charged with any other felony, that person will face twice the normal sentence for that felony.¹⁴

Also, if someone accumulates three “strike” convictions, one or more of which may be a PC 211 robbery conviction, then he/she will receive a sentence of 25 years to life in state prison.¹⁵

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