Proof of Force or Fear is Not Required for a Conviction for Attempted Robbery (211/664 P.C.)

By: Ray Hill, Professor Emeritus
Santa Rosa Junior College

Proof of Force or Fear is Not Required for a Conviction for Attempted Robbery (211/664 P.C.)

Facts: Defendant attempted to steal a bike that was leaning against a liquor store window in the City of Azusa (Los Angeles County). When the owner of the bike (victim) confronted him, the defendant dropped the bike and brandished two knives saying – “Oh, its my bike now”. “I’m going to mess you up because your talking crap and this is my bike”.  A liquor store employee intervened and said she had called police. The defendant left without taking the bike. At trial, the victim testified that he was not afraid of the defendant, but did not try reaching for his bike because defendant was holding knives.

The defendant was convicted of attempted second degree robbery and sentenced to 2-1/2 years in CDC&R. He appealed on grounds that he only intended to commit theft and according to the victim’s testimony the force or fear element of robbery was not present.

Ruling: 2DCA ruled proof force or fear is not a necessary element of attempted robbery. An attempted crime (664 P.C.) occurs when a person formulates intent to commit the crime, then makes a direct, but ineffectual act, towards commission of the offense. Evidence showed the defendant took ahold of the bike (caption) and his aggressive actions and words showed an intent to take by fear. The intervening act of pending police arrival caused defendant to abandon his efforts, thus no taking (asportation) took place. The elements of an attempted robbery were fulfilled.

Author’s Comments: Want to review more on fulfilling the corpus delicti elements of robbery? See past www.legalupdate.com postings:

Physical Resistance and Robbery by Force: LUPC #CAC10094

Robbery – The Force/Fear Element: LUPC#CAC00049