Robbery Defense Lawyers in the Bay Area (California Penal Code §211)
Charged with robbery in San Francisco, Oakland, San José, or anywhere in the Bay Area? A robbery allegation is a serious violent felony in California with potential state-prison exposure, strike consequences, and harsh sentencing enhancements. Contact our experienced defense team immediately at +1 (800) 379-9330 for a confidential, free case review.
A robbery allegation is a serious violent felony in California with potential state-prison exposure, strike consequences, and harsh sentencing enhancements. Early, strategic intervention by an experienced California robbery defense lawyer can protect your rights, preserve evidence, and aim for dismissal, a reduced charge (e.g., grand theft), or a result that protects your record.
What Is Robbery in California? (PC §211)
Under Penal Code §211, robbery is the felonious taking of personal property in someone else's possession or immediate presence, against their will, by force or fear.
To convict, prosecutors generally must prove:
- You took someone else's property;
- From the person or their immediate presence;
- Against the person's will;
- By force or fear; and
- With the intent to permanently deprive them of it.
"Estes" robbery: A shoplift that turns into a scuffle with loss-prevention or a victim can be charged as robbery—even if the force happened while escaping. This stems from People v. Estes (1983) and is heavily litigated in Bay Area retail cases.
First-Degree vs. Second-Degree Robbery (PC §212.5)
California divides robbery into first degree and second degree (PC §212.5):
First-Degree Robbery
First-degree robbery includes robbery of:
- A person in an inhabited dwelling, vessel, floating home, or inhabited portion of a building;
- The driver or passenger of any vehicle used for transportation for hire (e.g., taxi, rideshare, bus, cable car, streetcar);
- A person who has just used an ATM or is in its immediate vicinity.
Second-Degree Robbery
Second-degree robbery is all other robberies not listed above—including robberies in commercial establishments, on the street, or in other public places.
Facing robbery charges? Our experienced Bay Area defense team can challenge the prosecution's case, fight enhancement allegations, and work toward dismissal or reduced charges.
Penalties & Sentencing (PC §213)
- First-degree robbery:
- 3, 4, or 6 years in state prison;
- 3, 6, or 9 years if acting in concert with two or more others within an inhabited dwelling or similar location.
- Second-degree robbery: 2, 3, or 5 years in state prison.
Enhancements That Can Add Major Time
Firearm ("10–20–life") – PC §12022.53
- +10 years for personal use of a firearm;
- +20 years for intentional discharge;
- +25-to-life if discharge causes GBI or death. Enhancements are consecutive and, if multiple apply, courts generally impose the longest applicable term.
Great Bodily Injury (GBI) – PC §12022.7
+3 to +6 years consecutive if the defendant personally inflicts GBI during the felony.
Strike & Credit Consequences (Three Strikes; Violent Felony)
- Robbery is a "violent felony" under PC §667.5(c); a conviction is a strike for Three Strikes purposes.
- For violent felonies, custody credits are capped at 15% under PC §2933.1—you must serve at least 85% of the sentence.
Statute of Limitations: Many robbery counts fall under the three-year felony SOL (PC §801). Certain first-degree variants tied to 8+ year max exposure can invoke PC §800's six-year SOL. We analyze the exact charge and facts to determine which timeline applies.
Bay Area-Focused Defense Strategy
As Bay Area robbery defense attorneys, we regularly appear in San Francisco, Alameda (Oakland), Contra Costa (Martinez), Santa Clara (San José), San Mateo (Redwood City), Marin (San Rafael), and Sonoma (Santa Rosa) courts. Every county has its own norms for bail, filed enhancements, and diversion/plea options.
Key defense angles we explore immediately:
- Identity & proof issues: weak or cross-racial ID, poor lighting, single-photo show-ups, missing surveillance, inconsistent statements.
- Force/fear element: Was there actual force or reasonable fear? Is this really theft/"snatch & run," not PC 211?
- Estes overreach: Did force occur after abandonment or outside the victim's immediate presence? (Related to shoplifting cases that escalate)
- Property/intent: No intent to permanently deprive; mistaken ownership; recovery/return of property; value disputes.
- Enhancement challenges: Actual personal use vs. mere presence; no discharge; no GBI or it was accidental or not "significant/substantial." See our weapons & firearms defense page for firearm enhancement issues.
- Suppression issues: Unlawful stop, detention, or search; coerced statement.
- Mitigation: Early restitution, counseling, work/school history—aimed at non-strike resolutions or grand theft (PC 487) pleas.
Our firm defends professionals, students, workers, and people with immigration concerns. We handle both state robbery charges and federal bank robbery cases throughout the Bay Area.
Case Process: What to Expect in California Robbery Cases
- Arraignment & bail: We move fast on release, protective orders, and discovery.
- Pre-hearing litigation: Motions to suppress (PC 1538.5), Pitchess, photo ID reliability challenges, and enhancement demurrers.
- Preliminary hearing: Cross-examination to narrow charges or defeat elements (e.g., force/fear).
- Negotiations: Push to drop strike allegations, remove gun/GBI add-ons, or reduce to non-strike theft.
- Trial readiness: If the DA won't be reasonable, we try cases—especially on weak ID or "Estes" theories.
Federal Bank Robbery (18 U.S.C. §2113) vs. California PC 211
Robbery at federally insured financial institutions can be charged in federal court under 18 U.S.C. §2113. Penalties vary by subsection:
- Up to 20 years under subsection (a);
- 10 years/1 year tiers under subsection (b);
- Up to 25 years with a dangerous weapon under subsection (d);
- And more depending on the specific circumstances.
Our team defends both state and federal cases in the Northern District of California.
Why Hire a Bay Area Robbery Lawyer Now? It's a strike with 85% minimum time if convicted. Early intervention can change charging decisions and enhancement exposure. Counties differ on "Estes" charging and settlement posture—local experience matters. We build evidence now (alibi witnesses, video preservation, cell-site data) before it disappears.
Types of Robbery Cases We Defend
- First-degree robbery (inhabited dwellings, taxi/rideshare drivers, ATM robberies)
- Second-degree robbery (street robberies, commercial robberies)
- Armed robbery with firearm enhancements (PC §12022.53) - see our weapons & firearms page
- Strong-arm robbery (physical force without weapons)
- "Estes" robbery (theft that escalates during escape)
- Home invasion robbery (related to burglary charges)
- Bank robbery (state and federal)
- Carjacking (PC 215)
- Robbery with great bodily injury (GBI) enhancements
- Multiple-victim robbery cases
Localized Representation Across the Bay Area
Looking for a "robbery lawyer near me"? Our firm defends PC 211 robbery, first-degree robbery (PC 212.5), second-degree robbery, "Estes" robbery, firearm and GBI enhancements, and federal bank robbery (18 U.S.C. §2113) across:
- San Francisco
- Oakland, Berkeley, Richmond (Alameda County)
- Walnut Creek, Martinez, Concord (Contra Costa County)
- San José, Santa Clara, Palo Alto (Santa Clara County)
- Redwood City, San Mateo (San Mateo County)
- San Rafael (Marin County)
- Santa Rosa (Sonoma County)
