SB 82: Changing CA's Robbery Laws

California's Legislature continues to pass laws reforming the criminal justice system.

NOTE:  At this time, Senate Bill 82 has not yet passed.  This article will be updated once the law passes.

California’s Legislature is seeking to reform the criminal justice system yet again, this time by limiting the ability of prosecutors to file felony charges in shoplifting cases.

Robbery, or taking of the property of another by means of force or threat, is one of the most serious theft offenses in the California Penal Code.  Even when not involving a weapon, Penal Code § 211 provides for a punishment of up to nine years in prison (for Robbery in the First Degree).  Robbery in the second degree is more common, and punishable by up to five year in prison (with no weapon involved).  Additionally, Robbery is a violent felony under the California Penal Code, meaning that it is a “strike” for the purposes of California’s Three Strikes Law, and those convicted of violent felonies must serve 85% of their sentences.

One particular application of California’s robbery laws, commonly called Estes Robbery (based on the appellate decision in People v Estes (1983)147 Cal. App. 3d 24) interprets “taking by force” broadly, so as to include force used to get away.  In its most common application, defendants charged with Estes robbery were caught shoplifting, grabbed by store security, and pulled away (thereby using force).  Rather than facing mere misdemeanor petty theft charges, these cases were often charged as robbery.

More on Robbery Charges in California

The past few years have brought many great reforms to California’s criminal laws.  For example, in 2014, Proposition 47 reduced all simple drug possession charges and theft of less than $950 to misdemeanors.  Prior to that change, those possessing any amount of cocaine, heroin, certain pills, methamphetamine, and even concentrated cannabis faced felony charges.  Additionally, certain shoplifting offenses were charged as felonies (using the Burglary statute, PC 459 or Petty Theft, exposing people to lengthy prison terms for stealing items of very little value.  Unfortunately, these legal changes did lead to overcharging by the District Attorney.  Drug users found in possession of relatively small amounts of drugs became more likely to be charged with possession for sale (still a felony), and shoplifters find themselves charged with robbery where they had any amount of struggle with loss prevention (store security) officers.

The Legislature caught on to this unjust application of the law, and has proposed Senate Bill 82 (Full Text here).  SB 82 would amend the Penal Code to add a new offense, Penal Code section 486, Petty Theft in the First Degree, a misdemeanor.  Petty Theft in the First Degree will prohibit the taking of property from the person of another or from a commercial establishment my means of force or fear without the use of a deadly weapon or causing great bodily injury.  The amendment further provides “an act of petty theft in the first degree shall be charged as such, and shall not be charged as robbery or burglary.”  Petty Theft in the First Degree will be punishable by up to one year in jail, double the penalty for Petty Theft in the Second Degree, but most notably will avoid felony charges for shoplifters, so long as they do not use a deadly weapon or cause anyone great bodily injury.

Further, this legal change would be explicitly retroactive, offering those previously convicted of a violation of Penal Code section 211 for what would now be petty theft, an opportunity to vacate a felony sentence.  Much like Proposition 47, Proposition 64, and other law changes, this amendment would allow people who were convicted of a felony to remove the felony conviction from their records, restoring rights and getting their lives back.  This can have drastic implications for employment, professional licensing, and immigration.  More on cleaning up your record

It is important to note that these legal reforms start with the people.  Californians have demanded better criminal laws from their government, and the legislators are taking notice.  While a functioning criminal justices system is necessary to address crime and safety, the same system must be held in check to avoid unjust laws, and unjust application of the law.  Continue to elect legislators who want to make the criminal justice system more fair, and when possible, vote for criminal justice reforms.

If you or a loved one has been previously convicted of Robbery, in a case not involving a deadly weapon or great bodily injury, contact the Law Offices of Nicholas Loncar for a FREE CONSULTATION with a Los Angeles Criminal Defense Attorney.  You may be eligible to have your felony sentence vacated, and can then also get the misdemeanor expunged.  Call 213-375-3775 or e-mail us in the contact forms provided.

RELATED ARTICLES
California Robbery Laws, Theft Crimes, Proposition 47, Proposition 64

---