Many people assume shoplifting is a minor offense—something that might lead to a citation or misdemeanor charge. But in California, a simple theft can escalate quickly into something much more serious: an Estes Robbery, a felony charge that counts as a strike under the state’s Three Strikes Law.
If you or someone you care about is facing an Estes Robbery charge, it’s important to understand what it means, how it happens, and why you need a strong defense. At Law Office of Michael L. Fell, we’ve helped clients throughout Southern California navigate serious theft-related charges and fight to protect their freedom and future.
What Is an Estes Robbery?
Estes Robbery is not a separate crime under California law—it’s a term that refers to a specific legal interpretation of California Penal Code § 211, which defines robbery as the taking of property by force or fear.
The name comes from the California case People v. Estes (1983), in which the court ruled that using force or fear to escape after a theft—such as pushing a store employee or fighting with security—can turn a simple shoplifting incident into a robbery.
In other words, if someone steals from a store and then uses any level of force or intimidation to avoid being caught, they can be charged with robbery, even if they had no weapon and didn’t initially plan violence.
Real-World Example
Imagine this scenario: someone walks into a retail store and hides merchandise in their bag. As they head for the exit, a loss prevention officer tries to stop them. The person shoves the employee and runs.
Even though the theft itself was nonviolent and might’ve qualified as petty theft, the act of using force to get away transforms the situation into a robbery under California law. That’s now a felony charge and a possible strike offense.
Why This Matters: Felony Charges and the Three Strikes Law
Robbery under Penal Code § 211 is always a felony in California. When it meets the definition of a violent felony, it counts as a strike under the state’s Three Strikes Law.
A first strike can mean:
- Up to 5 years in state prison
- A permanent mark on your criminal record
- Harsher penalties for future offenses
A second strike offense typically leads to double the prison time, and a third strike can trigger a 25-years-to-life sentence, even for a relatively minor third offense.
That’s why an Estes Robbery charge is so serious. It takes what many think of as low-level shoplifting and turns it into a major criminal offense with lifelong consequences.
Common Defenses to Estes Robbery Charges
If you're facing an Estes Robbery charge, there may be strong defenses available. Every case is different, but possible legal strategies include:
- Lack of force or fear: If no physical struggle or threats occurred, the charge may not qualify as robbery.
- Mistaken identity: You were not the person who committed the theft or assault.
- False accusations: Store employees or security may exaggerate what happened.
- No intent to steal: If you didn’t intend to take the item permanently, the theft element may be challenged.
- Illegal search or arrest: If your rights were violated during the arrest, evidence may be suppressed.
At Law Office of Michael L. Fell, we investigate every detail, challenge weak evidence, and fight to get charges reduced—or dismissed entirely.
Take Charges Like These Seriously
Estes Robbery charges are not just about shoplifting—they carry the weight of a violent felony and can affect your freedom, job prospects, housing options, and more for the rest of your life.
If you or a loved one has been arrested or charged, don’t wait. Call (949) 585-9055 today to speak with a knowledgeable defense attorney at Law Office of Michael L. Fell. We’ll review your case, explain your rights, and work aggressively to defend your future.