Recently, a juvenile was arrested on robbery charges after a report was made to police stemming from an incident that occurred in Valencia. According to reports, a teenager was walking near Dickason Dr. and Decoro when he was approached by two other teens. One of those teens pulled out a box cutter and demanded the lone teen’s hat. The victim complied and the other two ran away.
After receiving a report of the incident, deputies were able to obtain a search warrant that allowed them to gather the necessary evidence to make an arrest. One juvenile was arrested on felony robbery charges and taken to the Juvenile Detention Center in Sylmar.
Robbery is covered under California Penal Code 211 PC and is described as taking property from someone’s immediate presence or person, against the victim’s will, through the use of force or fear.
Robbery can only be charged if the property was taken from a person’s immediate presence or directly from their possession. Property is considered to be in a person’s immediate presence if it is within their physical control such that they would have been able to keep possession of it if the crime had not occurred.
In the incident described above, the victim was wearing the hat at the time of the alleged crime, and so it was considered to be in his possession. Even if he wasn’t wearing the hat, but instead had it in his hand or backpack, it still would have been considered to be in his possession. The presence of the box cutter constitutes the use of force or fear, since the presence of the box cutter put the victim in a state where he feared for his safety.
Robbery is divided into two parts: first-degree robbery and second-degree robbery. First-degree robbery occurs when the victim is inside an inhabited house or dwelling; is the driver or passenger on a bus, taxi, subway, streetcar, or another type of transportation; or if the victim just used an ATM. Second-degree robbery is any other robbery that doesn’t meet the criteria for first-degree robbery.
The potential penalties include felony probation, 3 to 6 years in California state prison, and/or a fine of up to $10,000. For second-degree robbery, the penalties include felony probation, 2 to 5 years in California state prison, and/or a fine of up to $10,000.
