WHAT IS PC212.5?

Answer 1

Penal Code section 212.5 defines the degrees and punishments for robbery. First degree robbery (taking of property by force or fear from a taxi or other similar driver, from an inhabited dwelling [occupied house] or from a person at/near an ATM) is punishable by 3, 6 or 9 years in prison. All other robberies are second degree and are punishable by 2, 3 or 5 years in state prison.

This can be increased based on the number of victims, whether a weapon of any sort was used (and can dramatically increase for the use of a firearm under Penal Code section12022.53 - the 10,20-life firearm enhancement section) and whether injury was inflicted.... as well as other miscellaneous sentencing enhancements that are fact-specific. A first degree robbery may be punished by 3, 6, or 9 years in prison, or 3, 4, or 6,years in prison, depending on the type of first degree robbery; a second degree robbery by 2, 3, or five years in prison.

All robberies are considered "violent" felonies under the so-called "three strikes" laws. If you have been charged with a robbery you are well advised to consult with a qualified criminal defense attorney to help you with all of these issues.