8 Year Old Robbed in S.F. Western Addition (CA Penal Code 211)

Rabin Nabizadeh
July 16, 2014

Lots of kids make extra money for school trips, teams, or projects by selling candy of all kinds.  Parents may think differently of allowing their children to do this without adult supervision in the future after a young girl (8) was robbed of her and her classmates candy money in Western Addition.  It seems that it was a woman (40-50 years old) who took the sack of cash from the girl.  She allegedly asked the young girl for change so that she could ride the bus, then twisted the girl’s arm until she let go of the bag, which fell to the ground.  Then, the woman escaped with the money onto a nearby bus.  The culprit has yet to be identified.

In California, the crime of robbery is distinguished from the crime of burglary in the sense that a true ‘robbery’ requires that property must be taken directly from a person (instead of, for example, their home or business).  According to California Penal Code 211, robbery is a felony offense and is not a ‘wobbler.’  Additionally, it doesn’t matter what the value of the property is; the penalties are the same.  In this case, law enforcement officials have not released information concerning the amount of cash stolen from the 8-year-old girl, but whether it was $1 or $100, if the woman who took it is apprehended and convicted, she will still face felony charges.

Even though robbery charges are always felony charges, sentencing is dependent on whether you are considered to have committed first degree or second degree robbery.  First degree robbery is the more serious charge of the two.  It requires that you robbed either a person or persons in a vehicle, home, or at an ATM.  In that instance, you may face anywhere from 6-9 years in state prison, depending on the circumstances.  Second degree robbery, however, is what the woman who took the candy money will be arrested for, and the penalties are less harsh, up to 5 years in state prison.

 

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