What are the elements of an attempted robbery?

California, United States of America


The following excerpt is from People v. Bracy, A124427 (Cal. App. 2/26/2010), A124427. (Cal. App. 2010):

Robbery is defined as "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." (Pen. Code, 211.) An attempted robbery consists of two elements: (1) the specific intent to commit the robbery, and (2) a direct, unequivocal, overt act (beyond mere preparation) toward its commission. (People v. Vizcarra (1980) 110 Cal.App.3d 858, 861.)

Two tests apply "in determining whether an uncharged offense is necessarily included within a charged offense: the `elements' test and the `accusatory pleading' test. Under the elements test, if the statutory elements of the greater offense include all of the statutory elements of the lesser offense, the latter is necessarily included in the former. Under the accusatory pleading test, if the facts actually alleged in the accusatory pleading include all of the elements of the lesser offense, the latter is necessarily included in the former. [Citation.]" (People v. Reed (2006) 38 Cal.4th 1224, 1227-1228.)

Under the elements test, robbery does not include assault or battery as lesser offenses. (See People v. Wolcott (1983) 34 Cal.3d 92, 100 [a defendant can commit robbery without attempting to inflict violent injury, and without the present ability to do so]; see also People v. Medina (2007) 41 Cal.4th 685, 694 [completed assault is not an element of attempted robbery].)

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