Can a defendant be convicted of robbery even if they did not intend to instill fear or use force against the victim?

California, United States of America


The following excerpt is from People v. Islas, B267993 (Cal. App. 2016):

However "reasonable" this inference might be, it is not the inference the jury adopted. "It is robbery if the defendant committed a forcible act against the victim motivated by the intent to steal. . . ." (People v. Anderson (2011) 51 Cal.4th 989, 991-992.) Even if the defendant did not intend to instill fear or use force against the victim, the court will still sustain a robbery conviction if fear or force existed. (Ibid.) Robbery is not a crime that terminates with the taking, but continues until the defendant has "won his way to a place of temporary safety." (People v. Carroll (1970) 1 Cal.3d 581, 585.) Therefore, a defendant can be convicted of theft, even if the taking already occurred, if he or she uses force while attempting to escape. (Estes, supra, 147 Cal.App.3d at p. 28.) Violence at any point in the commission of the crime will negate any peacefulness in the process. (People v. Anderson, supra, 51 Cal.4th at p. 994.)

Other Questions


Does a conviction for kidnapping for the purpose of robbery support a conviction under section 654 of the California Criminal Code for moving a robbery victim a distance beyond the intended location? (California, United States of America)
Can a defendant use force to defend himself against his victim's resort to lawful deadly force? (California, United States of America)
When a defendant is convicted of a felony murder based on robbery, can he stay the sentence for the attempted robbery of the victim? (California, United States of America)
Can a defendant be convicted of both robbery and false imprisonment when they restrain the victim as part of the robbery? (California, United States of America)
Can a defendant who has been convicted under section 148(1) of the Ontario Penal Code (a)(1) for excessive force use of force against an arrestee who has not been convicted of any offences under the same section? (California, United States of America)
Is a convicted burglar wrongfully convicted because of his co-defendant's prior burglary conviction? (California, United States of America)
When a defendant commits both burglary and intended robbery against a single victim, does section 654 of the California Criminal Code permit punishment for one crime but not for the other? (California, United States of America)
In what circumstances will a jury consider whether a defendant who uses force only after abandoning his victim's property is guilty of robbery? (California, United States of America)
In a motion for review of a conviction for assault and robbery, in what circumstances will the Court uphold the conviction of defendant as a result of insufficient evidence to support the judgment? (California, United States of America)
In what circumstances will a defendant be held liable for assault and robbery where he pointed a gun at the victim during the robbery? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.