Criminal defense
Robbery and firearm charges
Norwalk Superior Court
Not-guilty verdict
Criminal defense
Long Beach Robbery and Armed Robbery Defense Lawyer
Robbery is a strike on the day of conviction, and the enhancements attached to it can be longer than the sentence for the robbery itself. These are cases where the allegations matter as much as the charge. The consultation is free.
Patrick S. AguirreCriminal defense attorney · Long Beach4.6 out of 5 from 41 Google reviews. 25+ years of experience Patrick handles your case personally
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The charge
What Penal Code 211 requires
Penal Code 211 defines robbery as taking personal property in the possession of another, from their person or immediate presence, against their will, by means of force or fear. Every element is contestable. The property has to be taken from the person or their immediate presence, the taking has to be against their will, and the force or fear has to be what accomplished it, which means force used only to escape after a completed theft raises a genuine question about whether the offense is robbery at all.
Fear counts as much as force, and it does not require a weapon or a threat in words. That is why cases with no violence and no weapon are still charged as robbery. Degree follows the setting under Penal Code 212.5: robbery of an inhabited dwelling, of a driver or passenger of a bus, taxi or other vehicle for hire, or of someone at or near an ATM is first degree, and all other robbery is second degree. First degree carries three, four, or six years, or three to nine years where it is committed in an inhabited dwelling in concert with two or more others; second degree carries two, three, or five years.
Sources: Penal Code 211 — robbery defined; Penal Code 212.5 — first and second degree; Penal Code 213(a) — punishment.
The enhancements
Where the real exposure comes from
In an armed robbery case the sentence is usually driven by allegations attached to the charge rather than by the charge. Penal Code 12022.53 adds 10 years for personally using a firearm, 20 years for personally and intentionally discharging one, and 25 years to life where a discharge causes great bodily injury or death. Penal Code 12022.7 adds three years for personally inflicting great bodily injury during the offense. Where more than one person is involved, who did what becomes the whole case.
These allegations can be fought and they can be dismissed. Penal Code 1385 gives the sentencing court the power to strike an enhancement in the furtherance of justice, and the statute now directs courts to give weight to specified mitigating circumstances when deciding. A firearm allegation that cannot be proved to have involved a real firearm, as opposed to a replica or an imitation, or personal use rather than mere presence, is frequently the most winnable part of a robbery case. Note that the statute expressly provides the firearm need not be operable or loaded, so an argument built on the weapon being unloaded or broken will not defeat the enhancement.
Sources: Penal Code 12022.53(b)–(d) — 10 years for personal use, 20 for discharge, 25 to life for discharge causing great bodily injury; the firearm need not be operable or loaded; Penal Code 12022.7(a) — great bodily injury; Penal Code 1385(b)–(c) — the court’s power to strike an enhancement.
The strike
Robbery is a strike, and that is permanent
Robbery appears on both lists: it is a serious felony under Penal Code 1192.7(c)(19) and a violent felony under Penal Code 667.5(c)(9). That makes it a strike for life, limits conduct credits to a maximum of 15 percent of the sentence for a violent felony, and doubles the term for any future felony. A second-degree robbery plea that looks like a good deal on the day can be the reason a minor case twenty years later carries a doubled sentence.
This is why reducing a robbery to grand theft, petty theft, or assault is often worth more than reducing the length of the sentence, and it is the outcome the defense is usually working toward where the facts do not support an outright acquittal.
Sources: Penal Code 1192.7(c)(19) — robbery is a serious felony; Penal Code 667.5(c)(9) — robbery is a violent felony; Penal Code 1170.12(a)(5), (c)(1) — credit limits and the doubled term.
The defense
How robbery cases are actually defended
Identification is the leading issue. Robbery cases are built on frightened witnesses, brief encounters, partial descriptions, and field show-ups conducted minutes later in the back of a patrol car, which is among the most suggestive identification procedures in use. Surveillance footage is often far less clear than the report suggests. Phone location data, alibi, and the inconsistencies between successive witness statements are the ordinary tools.
Then the elements: whether force or fear was used to accomplish the taking rather than afterwards, which can make it theft instead of robbery; whether the property was taken from the person or their immediate presence; whether a claim of right to the specific property defeats the intent; and in a multi-defendant case whether the client aided and abetted the robbery at all or was present for something else.
Finally the allegations, which are separately fought: whether the object was a firearm at all rather than a replica or imitation, whether it was personally used by this defendant rather than by someone else, and whether any injury meets the legal definition of great bodily injury.
The office
How the Law Offices of Patrick S. Aguirre defends robbery cases
The office has defended serious felony cases in Long Beach and across Los Angeles County for nearly three decades. In a robbery case the early work is the identification procedure and the video: how the witness was shown the suspect, what they said before they were shown anything, and what the footage actually shows rather than what the report says it shows. The enhancements are treated as separate fights from the charge, because that is where the years are.
Nothing here predicts an outcome in any case. The firm has offices in Long Beach and Downey and speaks Spanish.
Frequently asked questions
Common questions
No weapon was used. Can it still be robbery?
Yes. Penal Code 211 requires force or fear, not a weapon. A demand that makes a reasonable person afraid can satisfy the element with nothing displayed at all. A weapon allegation is what adds the enhancement on top.
What if the gun was fake or unloaded?
It can still support the robbery, because the victim’s fear is what matters. The distinction matters to the enhancement, but not in the way people expect. Penal Code 12022.53(b) states that the firearm need not be operable or loaded, so an unloaded or broken gun still carries it. What the enhancement does require is a firearm, so a replica, a toy, or an object that was never a firearm does not qualify — and that is the issue worth litigating.
Is robbery a strike in California?
Yes, both a serious felony under Penal Code 1192.7(c)(19) and a violent felony under Penal Code 667.5(c)(9). That means a strike for life, conduct credits capped at 15 percent, and a doubled term for any future felony conviction.
I only drove. Am I facing the same charge?
Possibly, under aiding and abetting, but it is not automatic. The prosecution must prove you knew of the criminal purpose and intended to and did aid, promote or encourage it. Presence at the scene, or knowledge after the fact, is not enough by itself, and this is one of the most contested areas in multi-defendant robbery cases.
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What clients say
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I just walked out of court a free man after getting my case dismissed.
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Meet your attorney
Law Offices of Patrick S. Aguirre
A Professional Law Corporation
The future of your case may depend on a successful outcome. It can be stressful to go through the legal process alone—but thankfully, you don’t have to.
The Law Offices of Patrick S. Aguirre will stand up for clients’ interests and rights, providing high-quality representation in personal injury cases and criminal defense matters throughout California from its Long Beach office.
We work with you and for your best interests. Our legal team is compassionate, hard-working, and tenacious—fighting to get the job done right when it matters most. No case is too complicated or insignificant for our full attention. Our clients may move forward into a brighter future free from worry about past mistakes.
We’re the legal team that never gives up. When you need an attorney who will fight for what’s right, turn to us, and we’ll do everything in our power to help. No matter how challenging your situation may seem, there is hope.
“Courage is the most important attribute of a lawyer.”
Robert F. Kennedy
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