What is an Estes Robbery?

An Estes Robbery is a situation where a Shoplifting crime can escalate into a Robbery case. This occurs when a shoplifter, pursued by a store employee or loss prevention specialist, employs force or violence to escape apprehension. The charge is upgraded from Shoplifting to Robbery due to the use of force.

The concept originates from the 1983 case People v. Estes. In that instance, a shoplifter stole a coat from a department store and, when confronted, brandished a knife at a security guard to evade capture. Consequently, the shoplifter was charged with the more severe offense of Robbery for using force with a weapon.

For more information on shoplifting, click here. To learn about robbery, click here.

How are the punishments different?

Facing a robbery charge can result in a prison sentence ranging from 2 to 5 years in a State Prison. Additionally, under California’s Three Strikes Law, it could also lead to a Strike on the offender’s record.

On the other hand, a shoplifting charge often carries less severe consequences. Offenders are more likely to face community service, fines, or even have their case dismissed through a diversion program. The punishment for shoplifting is typically up to 6 months in a County Jail, unlike the more serious cases like robbery that may lead to State Prison sentencing.

What must be shown to change your Shoplifting charge into a Robbery charge?

• To establish guilt under the Estes Robbery Theory, the Prosecutor needs to demonstrate the following elements:
• Committing theft or shoplifting at a store.
• Confrontation by an employee or a security guard.
• Utilizing force or inducing fear to escape from the employee or security guard.
  It is important to note that robbery involves the use of force or fear, which distinguishes it from simple shoplifting.

Conclusion

An Estes Robbery, named after a key California case, is a serious legal matter where what might begin as a simple shoplifting incident escalates into a robbery charge. This escalation can occur if, during the theft, the individual uses force or fear to deal with an employee or any person trying to stop the crime. Given the potential for a sentence of up to 5 years in prison, understanding your legal rights and mounting a strong defense is crucial.

At Inland Empire Criminal Defense, we specialize in providing robust defense strategies for those facing Estes Robbery and other severe criminal charges. Our team has a wealth of experience and a strong track record in representing individuals across Southern California. We are dedicated to understanding the specifics of your case and crafting an effective defense aimed at protecting your rights and achieving the best possible outcome.

If you or a loved one is facing an Estes Robbery charge or any criminal accusation, don’t delay seeking expert legal assistance. Contact Inland Empire Criminal Defense at 909-939-7126. Our office is conveniently located in Ontario, California, and we are ready to help you navigate through this challenging time with our professional legal support. Your future and freedom are too important to leave to chance, so ensure you have experienced attorneys by your side.