PC 211 Explained: California Robbery Law

California Penal Code section 211 defines robbery as taking personal property in another person's possession, from that person or their immediate presence, against their will, by means of force or fear. The force-or-fear requirement is the heart of the offense.

This page covers what section 211 says, what the prosecution has to prove under California's official jury instruction, how section 212.5 divides robbery into first and second degree, and the prison terms section 213 sets. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What 211 PC says

The entire section is one sentence:

"Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear."

Broken down, that requires a taking of personal property, from someone who has possession of it, from their person or immediate presence, against their will, and by force or fear. The official history note for the section reads simply "Enacted 1872," with no amendment listed. It sits in Chapter 4 of Title 8 of the Penal Code, "Robbery," which runs from section 211 to section 215.

What the prosecution has to prove

The official jury instruction is CALCRIM No. 1600, "Robbery (Pen. Code, § 211)," published by the Judicial Council of California (2026 edition). It tells the jury the prosecution must prove that:

1. The defendant took property that was not their own.
2. The property was in the possession of another person.
3. The property was taken from the other person or their 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 retain it, or to resist an attempt to regain it, or to prevent the person from resisting.
6. When using force or fear, the defendant intended to deprive the owner of the property permanently, or to remove it from the owner's possession for so extended a period that the owner would be deprived of a major portion of its value or enjoyment.

When the intent has to exist

Timing matters. The instruction says:

"The defendant's intent to take the property must have been formed before or during the time (he/she) used force or fear. If the defendant did not form this required intent until after using the force or fear, then (he/she) did not commit robbery."

Definitions in the instruction

CALCRIM No. 1600 includes optional definitions, given when they fit the case:

• Taking: a person takes something when they gain possession of it and move it some distance. "The distance moved may be short."
• Value: the property taken can be of any value, however slight.
• Possession: a person does not have to hold or touch something to possess it; control or the right to control is enough. Two or more people can possess something at the same time, and an on-duty store or business employee has possession of the owner's property.
• Fear: fear of injury to the person, injury to the person's family or property, or immediate injury to someone else present during the incident or to that person's property.
• Immediate presence: property is within a person's immediate presence if it is close enough to their physical control that they could keep it if not prevented by force or fear.
• Against the will: an act is against a person's will if they do not consent. To consent, a person must act freely and voluntarily and know the nature of the act.

The instruction also says an act is accomplished by fear "if the other person is actually afraid," and that the person's actual fear may be inferred from the circumstances.

First-degree vs. second-degree robbery

Section 211 defines robbery. Section 212.5 sorts it into degrees. Under section 212.5, these are first-degree robbery:

• (a) Robbery of an operator of a bus, taxicab, cable car, streetcar, trackless trolley, or other vehicle used to transport people for hire, while performing their duties; robbery of any passenger on one of those vehicles; and robbery in an inhabited dwelling house, an inhabited vessel designed for habitation, an inhabited floating home, an inhabited trailer coach, or the inhabited portion of any other building.
• (b) Robbery of a 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."

Subdivision (c) provides that all other kinds of robbery are second degree. A street robbery or a robbery of a store, for example, is second degree unless it fits one of the categories above.

Penalties under 211 PC

Section 211 sets no punishment. Section 213(a) does, and every option it lists is state prison:

The second-degree provision reads: "Robbery of the second degree is punishable by imprisonment in the state prison for two, three, or five years." Unlike second-degree burglary or assault with a deadly weapon under section 245(a)(1), section 213 offers no county jail alternative, so robbery is not an either-way offense.

Section 213(b) adds that, notwithstanding the general attempt statute (section 664), attempted second-degree robbery is punishable by imprisonment in the state prison.

Section 211 and section 213 say nothing about prior-conviction rules, sentencing credits, or firearm enhancements. Other sections classify robbery: Penal Code section 1192.7(c)(19) lists "robbery or bank robbery" as a serious felony, and section 667.5(c)(9) lists "Any robbery" as a violent felony. How those classifications affect a sentence is outside this page.

Related sections

• Penal Code section 212.5. Degrees of robbery. Official text.
• Penal Code section 213. Punishment. Official text.
• Penal Code sections 1192.7 and 667.5. The serious felony list (subdivision (c)(19)) and violent felony list (subdivision (c)(9)) that include robbery. Section 1192.7 and section 667.5.
• Penal Code section 12022.53. A separate firearm enhancement statute. This page does not cover its terms. Official text.
• Penal Code section 459 (burglary). A different crime: entering a building or other listed place with intent to commit theft or a felony, with no force or fear required. See our PC 459 explainer.

Other statute explainers are collected in our statutes library.

What happens after an arrest for 211 PC

A "211" on a booking record is the arresting agency's charge. The prosecutor decides whether to file robbery, a different charge such as theft, or nothing, and which degree to allege. The first court appearance, the arraignment, is where the filed charges are read.

Our California charge code lookup explains other booking codes, What Happens After You Get Arrested walks through booking, release, and arraignment, and California theft laws covers the theft offenses that do not involve force or fear.

Disclaimer

This page explains what California Penal Code section 211 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and it does not create an attorney-client relationship. Robbery cases turn on specific facts and on sentencing rules found in other sections, so anyone facing a robbery charge should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

Is robbery a felony in California?

Section 213 punishes every degree of robbery with state prison terms only, and Penal Code section 17(a) defines a felony as a crime punishable by imprisonment in the state prison. There is no county jail alternative in section 213.

What is the sentence for 211 PC?

Under section 213(a), second-degree robbery is two, three, or five years in state prison. First-degree robbery is three, four, or six years, or three, six, or nine years when committed in an inhabited dwelling by a defendant acting in concert with two or more others.

What makes a robbery first degree in California?

Section 212.5 makes robbery first degree when the victim is a transit or taxi operator on duty or a passenger on such a vehicle, when it happens in an inhabited dwelling or the inhabited portion of a building, or when the victim is using an ATM or has just used one and is still nearby.

Does robbery require a weapon in California?

No. Section 211 requires that the taking be accomplished by means of force or fear. It does not mention a weapon.

What is the difference between robbery and burglary?

Robbery under section 211 is taking property from a person or their immediate presence by force or fear. Burglary under section 459 is entering a building or other listed place with intent to commit theft or a felony, whether or not anything is taken and with no force or fear required.

Can using force after taking something make it robbery?

CALCRIM No. 1600 tells jurors the force or fear element can be met by force or fear used to retain the property or resist an attempt to regain it. The intent to take the property must have been formed before or during the use of force or fear.