Penal Code § 212.5 PC – Definition of First-Degree Robbery

California Penal Code § 212.5 PC defines first-degree robbery as the robbery of

1. a driver or passenger of a vehicle,
2. a person in an inhabited dwelling (such as a house or apartment), or
3. a person who has recently used an ATM.

Robbery of the first degree is a felony offense punishable by up to 9 years in state prison.

The language of the code section reads:

212.5. (a) Every robbery of any person who is performing his or her duties as an operator of any bus, taxicab, cable car, streetcar, trackless trolley, or other vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, and used for the transportation of persons for hire, 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 as defined in Section 21 of the Harbors and Navigation Code which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code which is inhabited, or the inhabited portion of any other building is robbery of the first degree.

(b) Every robbery of any person while using an automated teller machine or immediately after the person has used an automated teller machine and is in the vicinity of the automated teller machine is robbery of the first degree.

(c) All kinds of robbery other than those listed in subdivisions (a) and (b) are of the second degree.

Examples

• using force or fear to steal a taxicab driver’s money,
• robbing a person while on their boat.
• holding a gun at a person and demanding their money, which was recently retrieved from an ATM.

Defenses

Criminal defense lawyers draw upon several legal strategies to help clients challenge first-degree robbery charges. Some of these include showing that:

• you were arrested because of mistaken identity,
• there was no underlying robbery, and/or
• you were falsely accused.

Penalties

A violation of California Penal Code Section 212.5 is a felony (as opposed to a misdemeanor). The punishment turns on the circumstances:

First-degree robbery crime	California State Prison sentence
Acting with at least two other people, and the robbery occurs in an inhabited dwelling	3, 6, or 9 years in prison
All other 1st-degree robbery cases	3, 4, or 6 years in prison

Our California criminal defense attorneys explain what you need to know about 1st-degree robbery. Click on a topic to jump to that section.

• 1. Definition of First-Degree Robbery
• 2. Defenses
• 3. Penalties
• 4. Related Offenses
• Additional reading

1. Definition of First-Degree Robbery

Under California law, 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,¹
2. the robbery takes place in an inhabited structure (for example, a house, boat, or trailer coach),² or
3. the robbery takes place while or immediately after the victim uses an automated teller machine (ATM).³

Note that a house or structure is “inhabited” if someone lives there, and either is present or has left but intends to return.⁴

Under PC 212.5, any other robbery not set forth as above is second-degree robbery.⁵ Therefore, California criminal law acknowledges two kinds of robbery:

• first-degree robbery, and
• second-degree robbery.

Per California Penal Code 211, robbery itself is the felonious taking of personal property that is in the possession of another, from their person or immediate presence, and against their will, accomplished by means of force or fear.⁶

2. Defenses

You have the right to contest charges under California’s robbery laws with legal defenses. Three common defenses include showing that you:

1. were arrested because of a mistaken identity.
2. did not commit a robbery.
3. were falsely accused.

Mistaken identity

People often commit robbery while wearing a mask, hat, or some other disguise. This means that “victims” do not always get a clear look at the offender in robbery cases. It is always a defense, then, to show that a “victim” identified you as a suspect by mistake.

No robbery

Recall that robbery is a distinct crime set forth in Penal Code 211 PC. The crime also has several elements that a prosecutor must prove, beyond a reasonable doubt, to secure a robbery conviction. Therefore, you can challenge a first-degree robbery charge by showing that you did not commit some underlying robbery.

Falsely accused

Sometimes people falsely accuse others of this crime. For example, they may do so in order to prove their own innocence or cover up some wrongdoing. This means that you can always challenge a charge by showing that you were unjustly blamed.

3. Penalties

Penal Code 213 is the California statute that sets forth the penalties for the robbery of any person.

Per this law, first-degree robbery is a felony offense punishable by up to 9 years in state prison if:

• you acted in concert with two or more people, or
• the robbery occurred within an inhabited structure.⁷

All other first degree robbery charges are felony offenses punishable by up to 6 years in state prison.⁸

In addition to the above penalties, there are a few sentencing enhancements that can add extra prison time to a robbery conviction.

For example, if you commit robbery and cause another person to suffer a “great bodily injury,” then you could be subject to Penal Code 12022.7, California’s great bodily injury enhancement.

This sentencing enhancement can result in an additional 6 years to your robbery sentence.

Further, note that robbery is considered a “violent felony” under California law.  This means it is a “strike offense” under the state’s “three strikes” law.

Per this law, if you are convicted of robbery and are then subsequently charged with any other California felony, you will face twice the normal sentence for that felony.

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

4. Related Offenses

There are three crimes related to first-degree robbery. These are:

1. robbery – PC 211,
2. grand theft – PC 487, and
3. petty theft – PC 484.

Robbery – PC 211

Per Penal Code 211, robbery is the crime where you:

1. take someone else’s personal property while it is in your possession, and
2. do so against that person’s will and by means of force or fear.

Per Penal Code 212 PC, you instill fear in “victims” if you cause them to worry about themselves being injured, about their property getting injured, or about a family member or someone in their company getting injured.

Robbery becomes first-degree robbery when you commit the robbery under certain circumstances, as set forth in Penal Code 212.5 (for example, by robbing someone after they take money from an ATM).

Grand theft – PC 487

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

Note that while both robbery and grand theft involve the taking of property from someone else, grand theft does not require that you take something by means of force or fear.

Petty theft – PC 484

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

California law treats petty theft as a less serious crime when compared to robbery. Petty theft is a misdemeanor that is punishable by:

• imprisonment in county jail for up to six months, and/or
• a maximum fine of $1,000.

Additional reading

For more in-depth information, refer to these scholarly articles:

• Robbery, Recidivism, and the Limits of the Criminal Justice System – Marquette Law Review.
• Federal Sentencing: The Need for a New Test for the Abduction Enhancement in the Context of Robbery – West Virginia Law Review.
• Criminal Law – Taking and Force: A Time Dependent Relationship in Establishing Robbery – Suffolk University Law Review.
• Robbery – Mental Element at Time of Force or Putting in Fear – Dickinson Law Review.
• Evaluation of a victim’s response to an attempted robbery: The effect of victim gender – Legal and Criminology Psychology.

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