Morris Law is a Berkeley criminal defense law firm. Call (510) 350-3225 for a free case review of your robbery case. Robbery in California is prosecuted under California Penal Code §211. All Berkeley cases are heard at the Alameda County courthouses in Downtown Oakland. Seth Morris spent years in those courthouses as a Deputy Public Defender.

What is robbery under California law?

Berkeley Robbery Lawyer — Morris Law

Robbery in California is prosecuted under Penal Code §211. It is defined as the taking of personal property from another person’s immediate presence, against their will, by force or fear. Unlike theft, robbery requires force or fear — even a shove or implied threat is enough. Robbery is always a felony, always a strike, and carries significant prison exposure.

Penalties for robbery in California

Below are the specific penalties Morris Law sees for robbery cases in Alameda County:

  • First-degree robbery (PC §212.5): 3, 6, or 9 years state prison. Includes robbery in an inhabited dwelling, at an ATM, or of a driver/passenger of a bus, taxi, or Uber
  • Second-degree robbery: 2, 3, or 5 years state prison
  • Strike offense — first strike doubles future sentences
  • Firearm enhancement under PC §12022.53: +10 years for personal use, +20 for discharge, 25-to-life for discharge causing GBI or death
  • Carjacking (PC §215) is charged separately when the property taken is a motor vehicle

Collateral consequences — professional licensing, immigration status, firearm rights — often exceed the direct sentence. We assess collateral exposure at the start of every case.

How Morris Law defends robbery cases in Berkeley

Every case is different, but the defense strategies below are the ones that most often produce dismissals, reductions, and acquittals in robbery cases:

  • Claim of right — honest belief the property belonged to you can be a defense under People v. Tufunga, though it does not apply if the taking was accomplished by force or fear against a third party.
  • No force or fear — theft becomes robbery only when force or fear is used to accomplish the taking. Pickpocketing without confrontation is theft, not robbery.
  • Mistaken identity — robbery cases often turn on eyewitness identification. Lineup procedures, lighting, and the accuracy of witness memory are all challengeable.
  • Estes robbery challenges — under People v. Estes, a shoplifting that turns into robbery when force is used to escape can be reduced to petty theft if the force element is defeated.
  • Firearm enhancement challenges — SB 620 (2018) gives judges discretion to strike PC §12022.53 enhancements in the interest of justice.
  • Romero motion — striking prior strikes under People v. Superior Court (Romero) avoids doubled sentences.

What to do if you are arrested for robbery in Berkeley

Most Berkeley arrests are made by the Berkeley Police Department (BPD). UC Berkeley Police handle arrests on campus and in university housing. Alameda County Sheriff and CHP also make arrests. Take these steps:

  1. Invoke your right to counsel. Under Miranda v. Arizona, you must clearly say you want a lawyer, then stop talking.
  2. Do not consent to a search. Officers need a warrant, probable cause, or your consent. Refuse politely.
  3. Call Morris Law at (510) 350-3225. We answer 24 hours a day.
  4. Preserve evidence. Photograph injuries, damage, or torn clothing. Note officers’ names, badge numbers, and witnesses.
  5. Stay off social media and jail phones. Both are recorded and admissible.
  6. Write down your account for your attorney. Record what happened while events are fresh.

Why Berkeley residents choose Morris Law for robbery defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. What we bring to every case:

  • Seth Morris was a Deputy Public Defender in Alameda County. He defended clients in the exact courthouses where Berkeley cases go.
  • More than 25 jury trials, including life-in-prison exposure cases.
  • Federal recognition on police body cameras and 4th Amendment litigation. Obama Task Force on 21st Century Policing contributor.
  • Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC, NBC Bay Area, KQED, KALW.
  • Berkeley office at 2025 Rose St #200. Serves Berkeley, Albany, El Cerrito, Kensington, Emeryville.
  • 24/7 phone access at (510) 350-3225.

Seth Morris is a member of the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and the Alameda County Bar Association.

How robbery cases move through Alameda County

Stage Where Timing
Arrest Berkeley — often by BPD Day 0
Booking Glenn E. Dyer or Santa Rita Jail Day 0–1
Arraignment Wiley W. Manuel or René C. Davidson Within 48 hours in custody
Preliminary hearing (felony) René C. Davidson Courthouse Within 10 court days in custody
Trial Wiley W. Manuel or René C. Davidson Within 60 days if not waived

Robbery defense — Frequently Asked Questions

Is robbery a strike offense in California?

Yes. Robbery under PC §211 is a serious felony under PC §1192.7 and a violent felony under PC §667.5. It is a strike offense. A first strike doubles future sentences; two strikes plus a new serious/violent felony trigger 25-to-life.

What is the difference between robbery and theft in California?

Robbery (PC §211) requires the taking of property from a person by force or fear. Theft (PC §484) is any unlawful taking of property without the force/fear element. Robbery is always a felony and a strike. Theft above $950 is grand theft; theft $950 or less is petty theft — a misdemeanor.

Can I be charged with robbery if I never used a weapon?

Yes. Robbery requires force OR fear — no weapon needed. A push, shove, or implied threat is enough. Robbery is always a felony, always a strike. Estes robbery (shoplifting followed by force to escape) and ‘second-degree’ robbery still carry 2-5 years prison.

Where do Berkeley criminal cases go to court?

Berkeley cases go to the Alameda County Superior Court. Misdemeanors and traffic go to the Wiley W. Manuel Courthouse (661 Washington St, Oakland). Felonies go to the René C. Davidson Courthouse (1225 Fallon St, Oakland). Our attorneys appear at both regularly.

Who is Seth Morris?

Seth Morris founded Morris Law in 2021. He earned his JD at UC Berkeley School of Law in 2006, served as a Deputy Public Defender in Alameda County, and has tried more than 25 jury trials — including cases with life-in-prison exposure. He helped develop the national Body Camera Toolkit for President Obama’s Task Force on 21st Century Policing.

How quickly can I meet with a Berkeley criminal defense lawyer?

Same day, in most cases. Attorneys are reachable 24 hours a day at (510) 350-3225. If a family member has been booked at Berkeley Police Department or transferred to Santa Rita Jail, we can arrange contact within hours.

Get a free robbery case review

Talk to a Berkeley criminal defense lawyer today. Call (510) 350-3225 or use our online form. Free case review. 24-hour phone. Berkeley office at 2025 Rose St #200.

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