Difference Between Robbery and Extortion: How California Law Separates the Two
What Is the Difference Between Robbery and Extortion Under California Law?
Criminal activities like robbery and extortion are two of the most commonly prosecuted theft-related offenses in California—and while they can sometimes overlap in a single case, they are legally distinct crimes with very different elements.
At their core, both involve unlawfully obtaining money, property, or something of value. But robbery involves immediate force or fear during a direct encounter, such as a mugging or holdup. Extortion, by contrast, is carried out through threats or coercion—often without physical confrontation, and sometimes without even being face-to-face with the victim.
These differences are more than technicalities. Robbery is considered a violent felony and qualifies as a strike offense under California’s Three Strikes Law, carrying significant sentencing enhancements. Extortion, while it may not involve physical violence, is still a serious felony and can result in years of prison time—especially if threats are made against public officials or tied to organized activity.
Understanding the legal definitions and distinctions between these two crimes is crucial—especially for anyone under investigation, arrested, or facing charges in connection with either.
Legal Definition of Robbery Under California Law
Under California Penal Code 211, robbery is defined as the taking of personal property from another person’s immediate possession, against their will, and accomplished by means of force or fear. The property must be taken with the intent to permanently deprive the owner of it.
Legal Elements of Robbery:
To secure a robbery conviction, prosecutors must prove:
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The defendant took property that was not their own;
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The property was in the immediate presence of the victim;
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The property was taken against the victim’s will;
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Force or fear was used to accomplish the taking;
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The defendant intended to permanently deprive the victim of the property.
Robbery is always charged as a felony in California. The penalties vary depending on the circumstances:
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First-degree robbery (e.g., robbery of an inhabited dwelling, driver of a vehicle, or ATM user):
Punishable by 3, 4, or 6 years in state prison. -
Second-degree robbery (all other forms):
Punishable by 2, 3, or 5 years in prison.
Robbery is also a strike offense under California’s Three Strikes Law, which can significantly increase sentencing for repeat offenders. Enhancements may apply if a weapon was used or if the crime involved multiple victims.
Legal Definition of Extortion Under California Law
Extortion is governed by California Penal Code 518, which defines it as the unlawful use of force, fear, or threats to compel another person to give up property, money, or to compel a public official to act (or refrain from acting) in an official capacity. Unlike robbery, extortion doesn’t always require immediate confrontation or physical presence—what matters is the use of coercion to obtain consent.
Legal Elements of Extortion:
To prove extortion, prosecutors must establish:
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The defendant threatened to unlawfully injure the victim or their property, accuse them of a crime, or expose a secret;
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The threat was intended to compel the victim to give something of value or perform an act;
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The victim consented to the defendant’s demand due to the threat;
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As a result, the victim complied with the demand.
The threat may be verbal, written, or implied through conduct. Even if the defendant never actually intended to carry out the threat, the crime of extortion is complete once the victim complies due to fear.
Common Forms of Extortion:
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Blackmail: Threatening to expose embarrassing or damaging information unless money is paid.
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Extortion of a Public Official: Coercing a public servant to take or refrain from taking official action.
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Cyber Extortion: Using email or online platforms to threaten the release of private data unless paid.
Penalties for Extortion in California:
Extortion is charged as a felony, and the consequences include:
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2, 3, or 4 years in state prison;
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Fines of up to $10,000;
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Potential sentencing enhancements for aggravated circumstances (e.g., gang involvement or use of weapons).
Attempted extortion—where the demand is made but not fulfilled—can also lead to felony charges under Penal Code 524, carrying up to one year in jail or 16 months, 2, or 3 years in prison.
Key Legal Differences Between Robbery and Extortion
Robbery and extortion are both felony theft crimes under California law, but the way each crime is committed—and how the law treats them—differs substantially. These differences impact not only how prosecutors file charges, but also how courts evaluate guilt, sentencing, and defenses.
Here’s a breakdown of the core legal distinctions:
| Aspect | Robbery | Extortion |
|---|---|---|
| Use of Force or Fear | Involves the immediate use of force or intimidation. | Involves threats of harm, exposure, or other pressure—not always physical. |
| Timing | The force or fear must occur during the actual taking. | Threats may involve future harm or consequences. |
| Consent | Property is taken without consent. | Property is technically “consented” to, but under unlawful coercion. |
| Victim’s Presence | Requires the victim to be physically present. | Can be carried out remotely (e.g., by phone, email, or digital messages). |
| Use of Violence | Typically involves direct or threatened physical harm. | May involve no violence, relying instead on psychological pressure. |
| Common Examples | Armed robbery, muggings, bank holdups. | Blackmail, cyberextortion, threats to release damaging information. |
| Legal Code | Penal Code § 211 | Penal Code §§ 518–524 |
| Underlying Objective | To take property directly through confrontation and fear. | To obtain something by leveraging fear, reputation, or future consequences. |
The primary difference lies in how the property is obtained. Robbery depends on the use of immediate force or fear during a face-to-face confrontation, often with physical violence. Extortion, by contrast, uses threats or coercion to compel someone to give up property—often at a later time or through non-physical means. Both are serious felonies in California, but they carry different legal implications and defenses.
Real-World Scenarios: How Robbery and Extortion Differ in Practice
Scenario 1: A Crime That Involves Both Robbery and Extortion
Jason confronts a local store owner, threatens him with a knife, and demands cash on the spot—classic robbery. But before leaving, Jason warns the owner that unless he receives a weekly payment, he’ll return and harm the owner’s family. That second threat? Extortion. This scenario involves both crimes: the immediate use of force (robbery) and a future threat designed to gain ongoing payments (extortion). Prosecutors could charge Jason with both offenses because they occurred at different points in time and involve separate legal elements.
Scenario 2: Extortion Without Violence
Maria discovers that a coworker has been engaging in fraudulent billing at their company. She threatens to report him to HR and law enforcement unless he gives her $10,000 to “stay quiet.” There’s no weapon, no physical confrontation, and the threat is entirely verbal and conditional—but it’s still extortion under California law. Maria is using fear of exposure (a reputational and legal consequence) to obtain money she’s not entitled to.
Scenario 3: A Straightforward Robbery
During a late-night walk, Alan is approached by someone who says, “Give me your wallet or I’ll break your jaw.” Alan hands it over without resistance. The entire interaction lasts 30 seconds. No weapon is shown, but the threat of immediate physical violence is enough to qualify as robbery under Penal Code 211. The key here is that there was no consent and the fear was direct and immediate.
Common Misconceptions About Robbery and Extortion
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“If the victim gave up the money, it wasn’t robbery.”
False. In robbery, the victim may hand over money or property due to fear, but the law considers this lack of true consent. Even passive compliance during a threatening encounter can still qualify as robbery under California law. -
“Extortion always involves blackmail.”
Not always. While blackmail is a common form of extortion, the offense covers a broader range of threats—including threats to harm, accuse someone of a crime, or expose damaging information—used to obtain money, property, or services. -
“There has to be a weapon involved in robbery.”
Incorrect. While weapons often increase the severity of a robbery charge (turning it into armed robbery), a weapon is not required. The use of force or fear alone—such as grabbing someone or threatening bodily harm—is sufficient. -
“Extortion is a less serious offense.”
Not necessarily. Though robbery typically carries harsher sentences due to the use of immediate force, extortion charges can also result in felony convictions, prison time, and strike enhancements if aggravating factors are present. -
“You can’t be charged with extortion if the threat wasn’t carried out.”
Wrong. The crime of extortion is complete the moment the threat is made and a wrongful demand is issued, regardless of whether the person follows through or actually receives the property.
Charged with Robbery or Extortion in Los Angeles? Speak with a Criminal Defense Attorney Today
If you’ve been arrested for robbery, extortion, or a related felony in Los Angeles, the stakes are high—and the legal differences between these charges can have a major impact on your case. Both offenses carry serious consequences, including prison time, strike enhancements, and long-term damage to your record. But just because you’re charged doesn’t mean you’re convicted.
At The Law Offices of Arash Hashemi, we’ve spent over 20 years defending clients accused of violent and white collar crimes across Los Angeles County. Attorney Hashemi understands how prosecutors charge and classify these offenses—and how to challenge weak evidence, unlawful police conduct, or overcharging that doesn’t match the facts.
Whether you’re facing allegations of armed robbery, attempted extortion, or accusations based on a misunderstanding or coercion, our firm will act quickly to protect your rights and your future.
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