SAN BERNARDINO CRIMINAL DEFENSE · SINCE 1974
Robbery and Carjacking Defense in San Bernardino
Robbery and carjacking are felonies that count as strikes under California law. The details of what happened, and what can be proven, matter a great deal.
A serious charge with long-term consequences.
A robbery charge can arise from many situations: a street confrontation, a store incident that escalated, a dispute over property, or an allegation built on a single identification. Whatever the facts, California treats robbery and carjacking as serious and violent felonies. A conviction can mean state prison and a strike that affects any future case.
James M. Glick has practiced criminal defense since 1974. A San Bernardino native, he handles about 99% of his cases in San Bernardino County, where robbery cases are prosecuted by the San Bernardino County District Attorney. His approach begins with a close look at the evidence and an honest discussion of your options.
What the prosecution must prove.
Under Penal Code § 211, robbery is the felonious taking of personal property in another’s possession, from their person or immediate presence, against their will, accomplished by means of force or fear. Each part of that definition is an element the prosecution must prove. Without force or fear, the conduct may be a theft offense rather than robbery.
- First degree robbery (§ 212.5). Includes robbery of a bus, taxi, or similar transit operator or passenger, robbery in an inhabited dwelling, and robbery of a person using, or who has just used, an ATM. Under § 213, the term is three, four, or six years, or three, six, or nine years when committed in concert with two or more others inside an inhabited dwelling.
- Second degree robbery. All other robberies. The term under § 213 is two, three, or five years in state prison.
- Carjacking (§ 215). The felonious taking of a motor vehicle from the person or immediate presence of the possessor or a passenger, against their will, by force or fear, with intent to deprive them of the vehicle permanently or temporarily. The term is three, five, or nine years. A person may be charged with both carjacking and robbery, but not punished under both for the same act.
Enhancements, such as for weapon use or injury, can add substantial time and are charged separately.
| Code section | Why it matters |
|---|---|
| Penal Code § 211 | Defines robbery as taking personal property from another’s person or immediate presence, against their will, by force or fear. |
| Penal Code § 212.5 | Classifies robbery of transit operators and passengers, in inhabited dwellings, and at ATMs as first degree; all others are second degree. |
| Penal Code § 213 | Sets state prison terms for first and second degree robbery. |
| Penal Code § 215 | Defines carjacking and sets a term of three, five, or nine years. |
| Penal Code § 1192.7 | Lists robbery and carjacking as serious felonies in subdivision (c). |
| Penal Code § 667.5 | Lists any robbery and carjacking as violent felonies in subdivision (c). |
| Penal Code § 1170.12 | Three Strikes sentencing rules for defendants with prior serious or violent felony convictions. |
Why robbery counts as a strike.
Robbery and carjacking appear on both California lists that drive the Three Strikes law: serious felonies under § 1192.7(c) and violent felonies under § 667.5(c). That has several practical effects:
- Future sentencing. Under § 1170.12, one prior serious or violent felony that is pled and proved generally doubles the term for a new felony. Two or more can lead to an indeterminate life sentence, subject to statutory exceptions.
- Custody credits. Under Penal Code § 2933.1, a person convicted of a violent felony listed in § 667.5(c) generally earns no more than 15 percent worktime credit.
- Plea decisions. Whether a resolution includes a strike, and which offense is admitted, can matter as much as the custody term.
If you already have a prior strike, tell counsel right away, because it changes the analysis significantly.
Questions a careful defense asks.
Robbery cases often depend on fast-moving events and the memory of frightened witnesses. Depending on the facts, the defense may examine:
- Identification. Lighting, distance, stress, lineup procedures, and whether video or other evidence supports or contradicts an identification.
- Force or fear. Whether the evidence shows the force or fear the law requires, or something less.
- Intent and claim of right. Whether the person believed in good faith that the property was theirs.
- Lawful police conduct. Whether stops, searches, and statements meet legal requirements.
How robbery cases move in San Bernardino.
After arrest, a person is typically booked at the Central Detention Center or the West Valley Detention Center, and bail or release conditions may be addressed. Felony cases in the San Bernardino district are generally heard at the San Bernardino Justice Center, 247 W. 3rd Street. The arraignment comes first, followed by a preliminary hearing where a judge decides whether the case will be held for trial. For general court information, see the San Bernardino Superior Court.
Common questions about robbery charges
Is robbery a felony in California?
Yes. Robbery under Penal Code § 211 is a felony punishable by state prison. Second degree robbery carries two, three, or five years, and first degree robbery generally carries three, four, or six years under § 213, with a higher range for certain in-concert robberies in a home. Robbery is not a wobbler that can be charged as a misdemeanor.
What is the difference between robbery and theft?
The difference is force or fear. Theft is taking property without the owner’s consent. Robbery under Penal Code § 211 requires that the property be taken from the person or their immediate presence, against their will, by means of force or fear. Whether the evidence actually shows force or fear can be a central issue in the case.
Is robbery a strike in California?
Yes. Robbery is listed as a serious felony under Penal Code § 1192.7(c) and a violent felony under § 667.5(c). Carjacking is on both lists as well. A conviction can be used as a strike to increase the sentence for a future felony, and violent felony convictions generally limit worktime credit to 15 percent.
Can robbery charges be reduced or dismissed?
Sometimes. Depending on the evidence, a robbery charge may be challenged at the preliminary hearing, through motions, or at trial. In some cases, issues with identification or the force-or-fear element can lead to a negotiated resolution to a different offense. No responsible attorney can promise a result before reviewing the police reports and other evidence.
What happens at arraignment in San Bernardino?
At arraignment, the court informs you of the charges, addresses representation, and takes a plea, commonly not guilty at this stage. Bail or release terms may be reviewed, and the next dates, including the preliminary hearing, are set. Felony matters in the San Bernardino district are generally heard at the San Bernardino Justice Center on West 3rd Street.
Get a clear view of the charge and your options.
If you or a family member is facing a robbery or carjacking charge in San Bernardino County, call James M. Glick’s office at (909) 889-1446 to request a consultation.
Call the OfficeGeneral California legal information, reviewed 2026-10-18. The charge, facts, prior record, and law applicable to the case control the available defenses and remedies. Past results do not guarantee a similar outcome. Contacting the office does not establish an attorney-client relationship.