Charged with robbery and theft in San Bernardino? You are facing life-altering criminal consequences — from STRIKE offenses and mandatory state prison for robbery, to felony grand theft records, devastating restitution orders, and permanent criminal branding that will destroy your employment, housing, and future. San Bernardino County prosecutors aggressively pursue robbery and theft charges, and the San Bernardino County Superior Court moves quickly. Without an experienced criminal defense attorney fighting for you from day one, you risk losing everything.
Attorney Armando Josué Cespedes and the team at Tu Defensor Criminalista provide relentless robbery and theft defense throughout San Bernardino County — San Bernardino City, Fontana, Ontario, Rancho Cucamonga, Rialto, Victorville, Hesperia, Chino, Upland, Redlands, Colton, Highland, Yucaipa, Apple Valley, and every community in the Inland Empire. With a perfect 5.0 Avvo rating, 34 five-star reviews, and three consecutive Client’s Choice Awards (2023, 2024, 2025), we have a proven track record of fighting robbery and theft allegations and achieving results — dismissals, reductions, and acquittals.
San Bernardino County has some of the highest robbery and property crime rates in California. Local prosecutors know their courts, their judges, and the tendencies of San Bernardino juries. You need a defense attorney who knows them just as well — one who appears regularly at the San Bernardino Justice Center, the San Bernardino Superior Court – Rancho Cucamonga District, and every courthouse throughout the county.
Many robbery and theft accusations involve misidentification, false allegations, misunderstandings about property rights, or situations where no actual criminal intent existed. We investigate aggressively, challenge every piece of prosecution evidence, expose weaknesses in the state’s case, and protect your constitutional rights at every stage — from arrest through trial if necessary.
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San Bernardino County is the largest county in the contiguous United States by area, covering over 20,000 square miles from the urban Inland Empire to the high desert communities of Victorville and Barstow. With a population exceeding 2.2 million people, San Bernardino County faces serious property crime and violent crime challenges that directly affect the volume and severity of robbery and theft prosecutions.
According to the California Department of Justice Open Justice Data Portal[1], San Bernardino County consistently records thousands of robbery and property crime offenses annually. The City of San Bernardino itself has historically ranked among California’s cities with the highest per-capita property crime rates. Fontana, Rialto, and Victorville also generate significant robbery and theft caseloads in the county court system.
The FBI’s Crime Data Explorer[2] documents that California’s Inland Empire region — which includes San Bernardino County — has consistently elevated rates of motor vehicle theft, robbery, and larceny-theft compared to state and national averages. This means San Bernardino County District Attorney prosecutors and local police agencies treat robbery and theft cases with heightened seriousness, often filing at the highest possible charge level and seeking significant prison and jail time.
San Bernardino County law enforcement agencies making robbery and theft arrests include:
Cases are prosecuted at the San Bernardino County Superior Court[3], with major courthouses in San Bernardino City, Rancho Cucamonga, Victorville, and other locations across the county. The San Bernardino County District Attorney’s Office[4] maintains specialized units for property crimes, violent crimes, and career criminal prosecutions — making experienced defense counsel absolutely critical.
Robbery is one of California’s most serious crimes. Under California Penal Code § 211, robbery is defined as the taking of personal property from a person or their immediate presence, against their will, through the use of force or fear, with the intent to permanently deprive that person of the property. Unlike simple theft, robbery is a violent crime and a STRIKE offense under California’s Three Strikes Law — meaning a conviction will count as a “strike” on your record with permanent, devastating consequences for any future criminal case.
The Five Elements the Prosecution Must Prove:
The “Immediate Presence” Element: Property is within a victim’s “immediate presence” if it is close enough that the victim could have prevented the taking, but for the use of force or fear. Courts have interpreted this broadly — a victim who is held in one room while their property is taken from another room is still a robbery victim.
The “Force or Fear” Element: This is what separates robbery from simple theft. Force means any physical contact used to take property or overcome resistance. Fear means causing the victim to fear immediate unlawful injury to themselves or others. Even a minor push or threatening gesture can satisfy this element.
First Degree Robbery (PC § 212.5(a) and (b)):
First degree robbery occurs in the following circumstances:
Penalties for First Degree Robbery:
Second Degree Robbery (PC § 212.5(c)):
All other robberies — street robberies, commercial business robberies, robberies not meeting first-degree criteria.
Penalties for Second Degree Robbery:
San Bernardino County prosecutors routinely allege sentencing enhancements on robbery charges, which can dramatically increase prison exposure:
Great Bodily Injury (PC § 12022.7):
Personal Use of a Firearm (PC § 12022.53):
Multiple Victims:
Gang Enhancement (PC § 186.22):
These enhancements make it possible for a San Bernardino robbery defendant to face decades in state prison. The stakes could not be higher.
Carjacking is a distinct crime under California law — taking a motor vehicle from the immediate presence of a person against their will, using force or fear, with the intent to either temporarily or permanently deprive that person of the vehicle.
Unlike grand theft auto, carjacking does not require an intent to permanently deprive — even intending to use a car briefly and return it satisfies carjacking’s intent element.
Penalties:
San Bernardino and Fontana have seen elevated rates of carjacking incidents at gas stations, parking lots, and residential areas, according to reporting compiled in California DOJ crime data[1].
Under California Penal Code § 484, theft is the taking of another person’s property with the intent to permanently deprive that person of their property. California recognizes multiple forms of theft:
Petty Theft (PC §§ 484/488):
Grand Theft (PC §§ 484/487):
Grand Theft Penalties:
Grand Theft Enhancements Based on Value:
In 2014, California voters passed Proposition 47, which fundamentally changed how many theft offenses are charged and punished. According to California Courts’ Proposition 47 information[5]:
Key Changes Under Proposition 47:
Who Benefits:
Proposition 36 (2024): California voters also passed Proposition 36 in November 2024, which modified certain aspects of Proposition 47, including restoring felony charges for certain repeat theft offenders and organized retail theft. Understanding the interplay between these two measures is critical for building an effective defense strategy in San Bernardino County.
Created by Proposition 47, shoplifting is defined as entering a commercial establishment during regular business hours with the intent to commit theft where the value of the property to be stolen does not exceed $950.
Penalties:
Common San Bernardino Shoplifting Locations:
Retailer Tactics: San Bernardino area retailers employ loss prevention officers, plainclothes security personnel, and extensive surveillance systems. Loss prevention staff are trained to observe and apprehend suspected shoplifters — but they regularly misidentify innocent shoppers, act on insufficient evidence, and detain people unlawfully. These false identifications create winnable defense cases.
Common Defenses to Shoplifting:
Grand theft auto is the taking of a vehicle valued over $950 (which includes essentially every motor vehicle) with the intent to permanently deprive the owner.
Penalties:
According to the National Insurance Crime Bureau (NICB)[6], the San Bernardino-Riverside metropolitan area has consistently ranked among the highest regions in the United States for motor vehicle theft rates, making auto theft prosecutions a priority for San Bernardino County law enforcement and prosecutors.
VC § 10851 — Unlawful Taking or Driving: Prosecutors often charge Vehicle Code § 10851 (taking or driving a vehicle without the owner’s consent) alongside or instead of PC § 487. The key difference is that VC § 10851 does not require intent to permanently deprive — even temporary unauthorized use is enough to convict.
Defenses:
Burglary is entering any structure, room within a structure, or locked vehicle with the intent to commit theft or any felony inside.
Two Degrees of Burglary:
First Degree Burglary (Residential Burglary):
Second Degree Burglary (Commercial Burglary):
Critical Distinction — Intent at Time of Entry: The prosecution must prove you had the intent to commit theft or a felony at the exact moment you entered the structure. If you entered lawfully and then decided to steal, you have not committed burglary — you may have committed theft, but not burglary. This distinction is central to many successful burglary defenses.
Proposition 47 and Shoplifting: Entering an open commercial store during business hours to steal property worth under $950 is now charged as shoplifting (PC § 459.5), not burglary.
Common San Bernardino Burglary Scenarios:
Receiving stolen property is the buying, receiving, concealing, selling, or withholding of stolen property with knowledge that the property was stolen.
Penalties (Post-Proposition 47):
The Knowledge Requirement: The prosecution must prove beyond a reasonable doubt that you knew or reasonably should have known the property was stolen. If you purchased property at a fair market price without reason to suspect theft, you may have a strong defense.
Defenses:
Embezzlement is the fraudulent appropriation of property by a person to whom it was entrusted, with the intent to deprive the owner of that property.
Elements:
Common San Bernardino Embezzlement Scenarios:
Penalties:
Consequences Beyond Criminal Penalties:
Identity theft is the willful acquisition of another person’s personal identifying information and the use of that information for an unlawful purpose.
Examples:
Penalties:
Robbery convictions carry mandatory state prison time. There is no probation option for most robbery convictions, especially in San Bernardino County where prosecutors are aggressive. As a STRIKE offense, a robbery conviction also means that any future felony conviction will result in doubled sentences, and a third strike can mean 25 years to life in state prison.
Theft convictions range from misdemeanor petty theft to multi-year state prison sentences for grand theft, burglary, and organized retail theft, depending on the value of property and the defendant’s criminal history.
California courts must order full restitution to crime victims. Under California Penal Code § 1202.4, this is a mandatory, non-waivable order that covers:
Restitution orders are enforceable like civil judgments — subject to wage garnishment, bank levies, and tax refund intercepts — and remain on your record until fully paid.
A theft conviction is classified as a “crime of moral turpitude” under California and federal law, meaning it reflects directly on honesty and character. The impact on employment is severe:
California licensing boards have authority to discipline licensees convicted of theft and robbery offenses. According to the California Department of Consumer Affairs[7], theft-related convictions can trigger:
For non-citizens, robbery and theft convictions carry potentially catastrophic immigration consequences:
According to U.S. Citizenship and Immigration Services (USCIS)[8], crimes of moral turpitude include theft and fraud offenses and can result in removal proceedings, denial of naturalization, and bars to re-entry. If you are a non-citizen charged with robbery or theft in San Bernardino, protecting your immigration status must be part of your defense strategy from day one.
Under California’s Three Strikes Law (PC § 667), robbery and first-degree burglary are both designated STRIKE offenses. A STRIKE conviction means:
The permanent, lifelong nature of STRIKE consequences makes it essential to fight robbery and qualifying theft charges with every available defense resource.
Mistaken identity is one of the most common and most powerful defenses to robbery and theft charges in San Bernardino County. Research by the Innocence Project[9] — a nonprofit organization that has exonerated over 375 wrongly convicted individuals — has consistently found that eyewitness misidentification is the single leading cause of wrongful convictions in the United States, contributing to approximately 69% of overturned convictions.
In San Bernardino, robbery and theft identifications are frequently unreliable because:
What We Do:
Robbery requires the use of force or fear to take property. If the property was taken without any force and the victim was not placed in fear, the crime may be simple theft — not robbery — which carries vastly different penalties.
What We Investigate:
Result: Downgrade robbery charge to theft, eliminating the STRIKE designation and dramatically reducing prison exposure.
Under California law, if you had a good-faith belief that you had a right to the property — even if that belief was mistaken — there was no criminal intent to steal. This is known as the “claim of right” defense and is a complete defense to theft charges.
Examples:
Evidence We Use:
Theft requires the intent to permanently deprive the owner of their property. If you intended to return the property, or only used it temporarily without authorization, there may be no theft.
Examples:
Note: This defense does not apply to carjacking, which explicitly covers temporary takings.
If the property owner consented to you taking or using the property, there is no theft. Many cases involve disputes about whether consent was given — particularly in domestic situations, employer-employee relationships, and business partnerships.
Evidence We Use:
False theft and robbery accusations occur in San Bernardino County regularly, arising from:
What We Do:
The prosecution bears the full burden of proving every element of robbery or theft beyond a reasonable doubt. In many San Bernardino cases, the evidence is insufficient to meet this high standard:
We scrutinize every piece of evidence and expose every gap in the prosecution’s case.
If police discovered evidence of theft — stolen property, a weapon, identifiers — through an unlawful search, that evidence may be suppressed under the Fourth Amendment of the U.S. Constitution.
Common Illegal Searches in San Bernardino:
Result: If stolen property is suppressed, the prosecution’s case may collapse entirely.
If you were not present at the scene when the robbery or theft occurred, we establish a compelling alibi:
In undercover operations — particularly those targeting organized retail theft and fencing operations in San Bernardino — entrapment may be a viable defense if law enforcement induced you to commit a crime you would not have otherwise committed.
We ensure that theft offenses involving property valued under $950 are properly charged as misdemeanors, not felonies. San Bernardino prosecutors sometimes overcharge theft cases. We challenge felony filings and move for reduction when property values do not support felony charging.
San Bernardino County Superior Court has multiple courthouses that handle criminal cases. Depending on where the alleged offense occurred, your case will be handled at one of these locations:
The San Bernardino County Superior Court[3] is one of the largest trial court systems in California, and robbery and felony theft cases proceed through arraignment, preliminary hearing, pre-trial motions, and — if not resolved — jury trial.
The San Bernardino County District Attorney’s Office[4] is responsible for evaluating and prosecuting robbery and theft cases. The DA’s office maintains specialized units for:
Understanding how San Bernardino DA prosecutors evaluate cases — their tendencies, their filing decisions, and what they value in plea negotiations — is something that comes only from regular practice in their courts. Attorney Armando Cespedes and the Tu Defensor Criminalista team have exactly that local knowledge.
Yes. All robbery charges under PC § 211 are felonies, and both first and second degree robbery are STRIKE offenses under California’s Three Strikes Law. There is no misdemeanor robbery in California.
In some cases, yes. If the prosecution cannot prove force or fear was used, or if a negotiated plea is reached, a robbery charge may be reduced to grand theft (PC § 487), which is a wobbler and not a STRIKE offense. This is one of the most important outcomes we work toward in robbery cases.
Robbery requires taking property directly from a person using force or fear. Burglary is entering a structure (not necessarily with anyone present) with the intent to commit theft or a felony. First-degree (residential) burglary is also a STRIKE offense.
For misdemeanor theft, probation is common. For felony grand theft (a wobbler), probation is possible depending on your criminal history and the facts of the case. For robbery, probation is rarely granted in San Bernardino County — most robbery convictions result in state prison.
Returning stolen property after a robbery or theft does not eliminate criminal liability. However, voluntary return of property — especially before arrest — can be used as powerful mitigating evidence during negotiations and sentencing, and in some cases can support a defense that no permanent deprivation was intended.
If the theft involves property valued at $950 or less, Proposition 47 generally requires it to be charged as a misdemeanor. If you were previously convicted of a theft felony that would now be a misdemeanor under Prop 47, you may petition for reclassification. We evaluate Prop 47 applicability in every theft case we handle.
Say nothing to police — exercise your right to remain silent immediately. Do not attempt to explain or justify what happened. Call Tu Defensor Criminalista at[10](888) 315-3326 as soon as possible. The earlier we are involved, the more we can do to protect your rights.
Attorney Armando Josué Cespedes and our team appear regularly in San Bernardino County Superior Court — the San Bernardino Justice Center, Rancho Cucamonga Courthouse, and Victorville High Desert Justice Center. We know the local prosecutors, understand the tendencies of San Bernardino judges, and are familiar with how San Bernardino County juries evaluate robbery and theft evidence. This local knowledge is irreplaceable and directly benefits every client we represent in the Inland Empire.
In robbery and theft cases, the prosecution’s evidence is often not as strong as it appears. We investigate independently — obtaining surveillance footage before it is overwritten, locating witnesses prosecutors may have ignored, and identifying every weakness in the state’s case. We are not passive observers; we build your defense from day one.
Robbery and first-degree burglary are STRIKE offenses with lifelong consequences. Avoiding a STRIKE conviction — through dismissal, charge reduction, or acquittal — is one of our primary defense objectives in every applicable case. The difference between a STRIKE and a non-STRIKE outcome can mean decades of your life.
We ensure that theft charges are correctly filed and that clients receive the full benefit of Proposition 47’s misdemeanor protections. For clients with old felony theft convictions, we file PC § 1170.18 resentencing petitions to clear felony records.
For non-citizen clients in San Bernardino County — a large and diverse community — we evaluate the immigration consequences of every possible outcome and build defense strategies designed to protect immigration status alongside criminal defense goals.
San Bernardino County has a large Spanish-speaking population. Our firm provides complete, full representation in Spanish. Every consultation, every court appearance, every negotiation is handled with full bilingual capability. Hablamos Español — because your defense should never be limited by language.
A robbery or theft arrest in San Bernardino can happen at any hour. We are available 24 hours a day, 7 days a week to take your call, discuss your situation, and begin building your defense immediately. Do not wait until the next business day — call us the moment you are arrested.
Robbery and theft charges in San Bernardino can result in state prison, STRIKE convictions, massive restitution orders, destroyed careers, and permanent criminal records. Many people charged with these offenses were misidentified, falsely accused, or acted under a legitimate belief in their right to the property. You deserve an attorney who will fight — not just process your case.
Call Tu Defensor Criminalista right now for your free, confidential consultation. We will listen, evaluate your case, and explain your options — with no obligation and complete confidentiality.
Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.
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