What are the elements of robbery and theft by false pretense?

We first apply the elements test by comparing the elements of robbery with the elements of theft by false pretense. 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." ( 211 ; see People v. Clark (2011) 52 Cal.4th 856, 944, 131 Cal.Rptr.3d 225, 261 P.3d 243.) The elements of robbery are (1) the defendant took property that was not his or hers; (2) the property was taken from another person's possession and immediate presence; (3) the property was taken against the person's will; (4) the defendant used force or fear to take the property or to prevent the person from resisting; and (5) when the defendant used force or fear to take the property, the defendant intended to remove it from the owner's possession for such an extended period of time the owner would be deprived of a major portion of the value of the property. ( People v. Clark, supra , at p. 943, 131 Cal.Rptr.3d 225, 261 P.3d 243.)

Theft by false pretense is the consensual but fraudulent acquisition of property from its owner. ( 484, subd. (a), 532.) The elements of theft by false pretense are "(1) the defendant made a false pretense or representation to the owner of property; (2) with the intent to defraud the owner of that property; and (3) the owner transferred the property to the defendant in reliance on the representation. [Citations.]" (

[153 Cal.Rptr.3d 680]

People v. Wooten (1996) 44 Cal.App.4th 1834, 1842, 52 Cal.Rptr.2d 765.) ¹