San Francisco Man Expecting Tryst Gets Robbed Instead (CA Penal Code 211)

San Francisco Man Expecting Tryst Gets Robbed Instead (CA Penal Code 211)

Rabin Nabizadeh
April 14, 2014

When a 63-year-old man left a local watering hole and headed back to his apartment on Elsie Street with a stranger, he may have expected any number of things, being robbed wasn’t one of them!  Instead of a night of fun and frivolity, this man got exactly the opposite.  He was tied up to his own bed with neckties and then left, helpless, to watch as his newfound lover relieved him of his cell phone, tablet, and laptop.  Eventually, the man freed himself and called local law enforcement officials.  If the suspect is ever identified, they will face robbery charges.

According to California law, robbery is quite different than burglary.  Burglary need not directly involve another person, while robbery necessarily does.  In order to be charged with robbery, police must show that you used some kind of threat.  You must have used fear or force in order to accomplish your goals.

Robbery is a serious offense in California and is always treated as a felony. (CA Penal Code 211)  It doesn’t matter how much money the stolen things are worth, it only matters that they were taken against another person’s will with the use of threats or force.  A first-degree robbery conviction (one for a robbery that occurred, like the one above, in someone’s home while they were there, for example) means that you may face anywhere from 3 to 6 years in state prison.  If you are convicted of the lesser crime of second-degree robbery, you could still be looking at up to 5 years in state prison.

 

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