Southern California Defense Blog

Authorities in Texas allege that a father and his two adult children are responsible for the robbery of multiple banks. Authorities arrested the fifty-year-old man, and his twenty-year-old son, and eighteen-year-old daughter after authorities recognized the father and son from surveillance footage.

Police claim they had seen the father and son previously, in a surveillance video of a bank robbery from October 1, 2012 of a bank outside of Houston. Police contend that the footage shows a younger man with a fake mustache and an older suspect in a painter’s mask, with both suspects wearing sunglasses, hats, and an orange traffic vest on.

After reviewing the footage, detectives went to a local hardware store and found similar orange vests for sale. Police reviewed the footage from the hardware store, and identified the father and son pair purchasing items that were allegedly later used to conceal their identities during the robberies.

In California, robbery is codified under Penal Code Section 211. It states in pertinent part that “robbery is 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.” Robbery is a felony, and will result in a strike if convicted.

If you or a loved one has been arrested, it is imperative you contact our firm. Hiring an experienced criminal defense law firm is the best way to ensure you keep your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 888-280-6839 or go to our website at wklaw.com for more information. We will be there when you call. We have offices in San Bernardino, Riverside, Los Angeles, Ventura and Orange Counties.

Petty theft under California law is the taking of property of another valued at $950 or less and is a misdemeanor punishable by a maximum of six months in county jail and a $1000 fine. Your attorneys at Wallin & Klarich wish to explain to you how a shoplifting offense can turn in to a robbery offense (PC 211) under California Law.

Petty theft is a relatively minor crime and most often takes place in the context of an individual shoplifting from a retail store or supermarket (California PC 484). Many businesses have Loss Prevention Officers (LPO’s) or private security companies working for them to help protect their merchandise form would-be shoplifters.

Robbery is defined under Penal Code 211 in California 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. Robbery is a very serious crime in California and is punishable by a maximum of up to 9 years in state prison.

Many times a shoplifter in California will be confronted by a Loss Prevention Officer or store employee. In some cases the shoplifter will threaten or assault the LPO or store employee who confronts that person. When this happens, a minor shoplifting offense quickly explodes into a very serious robbery offense. This type of robbery in California is known as an “Estes” robbery and prosecutors will often file robbery charges in these situations instead of petty theft charges even if the victim is not injured and even if the case involved only threats with no physical confrontation.

Anyone facing shoplifting (PC 484) or robbery (PC 211) charges in California should certainly consult with an experienced and aggressive criminal defense attorney. The attorneys at Wallin & Klarich have been defending clients facing these types of charges for over 30 years. If you or a loved one is facing theft or robbery charges in Southern California, call us at 888-280-6839 now for a consultation. We’ll be there when you call.

We don’t even know where to begin with this one. Late Friday night, a delivery driver for a medical marijuana dispensary dialed 911 to report that he had been robbed by ninjas. Well, to be precise, he was robbed by two men dressed as ninjas.

The victim in this case reported to police that he was on a delivery when two men dressed as ninjas, wielding batons, began chasing him. Frightened, he ran, dropping his delivery and some cash. The two thieves took that bag with the medical marijuana and fled on foot. The delivery driver was able to provide a not so detailed description of his assailaints. West Covina police are looking for two men in their 20’s, approximately 5’8”, wearing black ninja outfits. If the suspects in the case wear their ninja costumes every day, they probably won’t be too hard to find.

As humorous as this crime may seem, with 30 years of experience as Southern California robbery crimes attorneys, we can attest that 1st degree robbery is a serious offense. In addition to facing up to six years in state prison, the use of a dangerous weapon would add an extra year onto their sentence.

While the thought of ninjas robbing a marijuana delivery driver might make you laugh, West Covina police are taking the report seriously and are investigating the report. Needless to say, police say that have not had any other similar cases reported to them, so there’s no need to worry about a ninja crime spree in Southern California.

Simi Valley High School science teacher David Considine appeared in court Thursday on armed robbery charges.

Considine is accused of robbing a convenience store at knife point. Considine sought, through his Ventura robbery attorney, to be released into a drug treatment facility. His attorney claims that because of drug use, Considine has no recollection of the armed robbery. The motion was continued to Tuesday, November 15, 2011 to give the district attorney’s office an opportunity to respond to the motion.

In California, robbery is codified under Penal Code Section 211. It states in pertinent part that “robbery is 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.” Robbery is a felony, and will result in a strike if convicted.

The punishments associated with a robbery conviction are severe. If convicted of a first degree-robbery in California, a person faces up to six-years in state prison. A first-degree robbery is reserved for the most serious robbery offenses. These include robberies of people who are using, or have just used an automated teller machine, robbery of a home that is lived in, and drivers or passengers of any type of commercial vehicle.

Additionally, if the defendant, voluntarily acting with two or more other persons, commits the robbery within an inhabited home, those defendants face up to nine years in state prison. All other robbery that takes place that does occur under the circumstances mentioned above is considered second-degree robbery. A defendant faces up to five years in state prison if convicted of a second-degree robbery charge.

If you or a loved one has been arrested, it is imperative you contact our firm. Hiring an experienced criminal defense law firm is the best way to ensure you keep your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

More and more across the country, law enforcement is delaing with a rise in the number of pharmacies that are robbed. The reason for the increase in the robberies, many experts say, are atributed to addicts seeking the powerful painkiller Oxycotin. The number of addicts hooked on Oxycotin has dramatically increased in the last several years.

In California, robbery is codified under Penal Code Section 211. It states in pertinent part that “robbery is 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.” Robbery is a felony, and will result in a strike if convicted.

Possession of Oxycotin is codified under California Health and Safety Code section 11350. It states in part, “every person who possesses any controlled substance…shall be punished by imprisonment in the state prison. If convicted on this offense, a person faces up to three years in state prison on a 1st time offense.

If you or a loved one has been arrested, it is imperative you contact our firm. Hiring an experienced criminal defense law firm is the best way to ensure you keep your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at www.wklaw.com for more information.

Robbery is defined as taking the personal property of another using any amount of force, no matter how slight, or by fear. Robbery is classified as either first degree or second degree. First degree robbery is much serious crime. Some types of robbery that are classified as first degree robbery are: when a person commits a robbery in a house, when a person commits a robbery on a person using an ATM and when a person commits a robbery of a taxi driver. First degree is punishable as a felony, which means the defendant will be sent to state prison. A defendant can be sentenced to three, six or nine years in state prison. Second degree is also a serious crime and is defined as any robbery that is not first degree robbery. The punishment for second degree robbery is state imprisonment for two, three, or five years.

In order to be found guilty of a robbery the prosecutor must prove that you took personal property that was not yours, the property taken was against the person’s will, the defendant used force or fear to take the property, and when that force or fear used was intended to take the property from the owner.

If you charged with robbery, it is important that you speak with an experienced criminal defense attorney. Our Southern California attorneys will do a thorough investigation of all the facts and raise all possible defenses. Wallin and Klarich has over 30 years of experience in dealing with these robbery cases and has successfully defended similar individuals. Please call (888) 280-6839 anytime to speak with one our attorneys regarding your matter.

In California, Penal Code section 211 defines robbery 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. Robbery, therefore, is a species of aggravated larceny. To elevate larceny to a robbery, the taking must be accomplished by force or fear, and the perpetrator of this crime must take the property from the victim or in the victim’s presence. The commission of this offense is not limited to a fixed place or time. As a result, robbery is not completed until the stolen property has been carried away to a place of temporary safety. The item taken by the robber needs to have only slight or intrinsic value, and the court will usually take judicial notice that an item of personal property has some value.

For a defendant to be guilty of robbery, the victim must give up his or her property because of threats or fear. If the property is given up for any other reasons, for example if the victim feels sorry for the perpetrator, such person will not be guilty of robbery. However, the individual may still be convicted of attempted robbery. The punishment for robbery can be very severe. If a robbery is committed in concert with two or more persons in an inhabited dwelling house, or of any person who is performing his or her duties as an operator of any bus or cab, such robbery is punishable by imprisonment in state prison for three, six, or nine years. All other robbery offenses are punishable by imprisonment in state prison for two, three, or five years. Attempted robbery is punishable by imprisonment in state prison.

If you have been accused of robbery, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-robbery. We will be there when you call.

A recent petition denial by the United States Court of Appeals, Ninth Circuit, has established that robbery under California Penal Code 211 is a crime involving moral turpitude for purposes of the Immigration and Nationality Act (INA). This means that a non-citizen immigrant can be deported or deemed inadmissible into the county if convicted of robbery.

Luis Mendoza, a native and citizen of Mexico, entered the United States as an undocumented alien in 1983. In 2005, Mendoza was convicted of robbery and sentenced to one year in prison.

Based on this conviction, the Department of Homeland Security issued Mendoza a notice to appear (NTA) charging that he was subject to removal from the country because he had been convicted of a crime involving moral turpitude for the purposes of the INA.

The Immigration Judge found that Mendoza was in the country illegally and was convicted of a crime involving moral turpitude. The judge then ordered for Mendoza’s removal to Mexico. Mendoza appealed the matter to the Board of Immigration Appeals, but they found no error in removal order.

Robbery is defined in PC 211 as the felonious taking of personal property of another individual from their immediate possession by use of force or intimation. For purposes of current immigration law, robbery is a crime involving moral turpitude (CIMT), or a crime that is "inherently base, vile, or depraved, and contrary to accepted rules of morality and the duties owed between persons or to society in general." Other crimes that may constitute CIMTs include murder, manslaughter, kidnapping, rape, prostitution, burglary, fraud, etc.

A robbery conviction can result in a sentence that includes imprisonment for a period ranging from two to nine years in state prison. The INA subjects non-citizen immigrant to deportation if they are convicted of a CIMT committed within five years after being admitted into the country and if the underlying crime imposed a prison sentence of at least one year. A non-citizen immigrant is also subject to deportation if convicted of two CIMTs not arising out of the same criminal scheme (time of commission is irrelevant).

If you are being charged with a crime of moral turpitude and face the possibility of deportation if convicted, it is imperative that you seek the counsel of an experienced criminal defense attorney who can help you avoid a conviction. At Wallin & Klarich, our attorneys have over 30 years of experience in handling criminal cases and will diligently work to help you raise the best possible defense in your case. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there for you when you call.

Approaching the release of the highly anticipated video game, "Call of Duty: Black Ops," two men armed with semi-automatic weapons held up a Gamestop and made off with over 100 copies of the game.

The robbery took place on Saturday as the employees of the Baltimore-area gaming retail store was closing shop for the night. Although no one was injured, the bandits reportedly took cash, some video game consoles, and over 100 copies of the unreleased first-person-shooter. They then fled the scene in a white mini-van.

Having hit stores yesterday, "Call of Duty: Black Ops" retails at $60. Designed by video game developer, Treyarch, this first-person-shooter puts players in the boots of a foot soldier during the Cold War. In the single-player campaign, players can use an arsenal of weapons from that era to engage in battle missions based on actual historic events. With a mature rating, "Call of Duty" features graphic violence that includes ample amounts of blood and dismemberment.

This heist marks the second Gamestop retailer in the area to be robbed in anticipation of the release. The Hartford County Sheriff’s department believes that the incidents are related and are investigating the matter.

Robbery is a serious criminal offense in California that carries with it the possibility of heavy penalties and fines. Under California Penal Code 211, robbery is defined as the unlawful taking of another person’s property from their immediate possession or presence – against their will – with the use of force or threats.

Robbery is always prosecuted as a felony offense. The severity of the penalties will depend on the circumstances of the incident. If convicted of first-degree robbery in which you willfully acted with two or more other people, the penalty may result in a three, six, or nine-year sentence in state prison. Any other first-degree conviction may result in a three, four, or six-year sentence. Second-degree robbery, which includes all other circumstances in which the robbery does not take place in an inhabited home or commercial vehicle, is punishable by imprisonment for two, three, or five years in state prison.

A robbery charge is serious. It can lead to costly and debilitating consequences. If you are facing robbery charges, it is imperative that you seek the legal counsel of an experienced criminal defense attorney. At Wallin & Klarich, our Orange County attorneys have amassed over 30 years of experience in handling robbery cases and will put that experience to use in defending you in your case. Call us today at 877-466-5245 or visit us online at www.wklaw.com. We will be there for you when you call.

It was recently reported in the OC Register that a man was stabbed outside of a Santa Ana, 7-Eleven store after he refused to hand over his beer during an attempted robbery. The Police officers stated that a man and his sister walked out of the store and were approached by two men in dark clothing. One of the men brandished a knife and demanded the victim give them his beer and money. The victim refused and was then stabbed by the suspect. The two alleged perpetrators ran away without the money or beer. The victim was transferred to the hospital where he is in serious but stable condition.

Under California Penal Code Section 211, robbery is 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. Felonious taking is defined as the illegal taking away of something.

Robbery is classified in two degrees. Robbery in the first degree is when the robbery is committed in the following situations: 1) Against any person who is performing his or her duties as an operator of any bus, taxicab, cable car, street car, trackless trolley, or other vehicle, 2) Every robbery of any passenger which is perpetrated on any vehicles used for transportation for hire, 3) Every robbery which is perpetrated in an inhabited dwelling house, 4) Every robbery of a person while using an automated teller machine (ATM), or immediately after the person has used the ATM, 5) Or the inhabited portion of any other building is robbery of the first degree.

All other robberies are considered to be in the second degree. In this case, the crime would be an attempted second degree robbery, among other possible charges. Robbery of the second degree is punishable by imprisonment in state prison for two (2), three (3), or five (5) years. A conviction for an attempted robbery is punishable by imprisonment in state prison for up to three (3) years.

If you or a loved one is facing a robbery charge, it is important that you speak with an experienced robbery attorney. At Wallin & Klarich, our Orange County robbery attorneys have over 30 years of experience. We will provide you with an aggressive legal defense to get you the best possible result in your case. Call us today at (888) 280-6839 or contact us through our website at www.wklaw.com. We will be there when you call.

It was recently reported in the OC Register that the so-called “ho hum bandit” is alleged to have robbed an Orange County Bank. The “ho hum bandit,” nicknamed for having bland features, is suspected of robbing five San Diego banks. In the latest alleged incident, the robbery occurred in Corona Del Mar. The man gave a teller at the bank a note that demanded money. He received the money and left. Investigations are ongoing.
In California, robbery is the taking of property from another person by the use of force or intimidation. The type of fear needed is fear of injury to the victim, the victim’s family, or someone situated nearby the victim. It also includes fear of injury to any property of any of those people. There are different types of robberies. Robbery of the first degree is punishable by up to nine years in prison. Robbery of the second degree is punishable by up to five years in state prison. Robbery also qualifies as a strike within the meaning of California’s Three Strikes Law.

The prosecution can also charge the “ho hum bandit” with burglary. Under California Penal Code Section 459, burglary is committed when a person who enters a building with the intent to commit a felony. Being convicted of burglary can be punishable by imprisonment in state prison for up to six years and is also considered a strike under the California Three Strikes Law.

If you or a loved one is facing a charge of robbery or burglary, it is important that you speak with an experienced criminal defense attorney. At Wallin & Klarich, our Orange County theft attorneys have over 30 years of experience. We will help you fight the charges and guide you through the criminal court process. Call us today at (888) 280-6839 or contact us through our website at www.wklaw.com. We will be there when you call.

It was recently reported in the L.A. Times, a Trader Joe’s was robbed by two men. In an attempt to fend off the two robbers, the store clerk hit one of the robbers with a wine bottle. The other armed robber then shot the clerk in the leg. The two robbers fled the store in a car driven by a third person. All three are still at large.

Under California Penal Code Section 211, robbery is defined as an illegal taking of personal property in the possession of another by means of force or fear. The felony is then divided into two degrees. Robberies of the first degree are punishable of up to nine years when the robbery is committed against any vehicles used for transportation or in an inhabited building. All other robberies are of the second degree, which are punishable of up to five years. In addition, robberies are considered as a strike under the California Three Strikes law, which may lead to life imprisonment. Armed robberies will enhance the punishment of the crime by an additional one year in state prison.

For more information on this crime, visit our website for information at www.wklaw.com and read out robbery section.

If you or a loved one faces a charge of robbery, it is critical to speak with an experienced Southern California criminal defense attorney. With 30 years of experience, Wallin & Klarich understands the criminal law system. We appreciate that robberies are a severe offense and we will provide you with the representation you deserve. Call us today at (888) 749-0034 or visit us on out website at www.wklaw.com. We will be there when you call.

California Penal Code Section 211 defines robbery 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. Felonious taking is defined as the illegal taking away of something.

In order to be convicted of robbery the prosecution has the burden to prove that the defendant took property that was not his/her own; the property was taken from another person's possession and immediate presence; the property was taken against that person's will; the defendant used force or fear to take the property or to prevent the person from resisting; when the defendant took the property (he/she) intended to deprive the owner of it permanently or to remove it from the owner's possession for a long period of time that the owner would be deprived of a major portion of the value or enjoyment of the property.

Robbery is divided into degrees: first degree and second degree. First degree robbery is when the robbery is committed against any person who is performing his or her duties as an operator of any bus, taxicab, cable car, street car, trackless trolley, or other vehicle, against a passenger perpetrated on any vehicles used for transportation for hire; committed in an inhabited dwelling house; committed against a person in an inhabited dwelling house; or committed against a person using an ATM. All other robbery is second degree robbery.

Punishment for first degree robbery is punishable by imprisonment in state prison for three (3), six (6), or nine (9) years if the robbery was committed in concert with two or more persons, and the robbery was committed within an inhabited dwelling house.In all other cases of first degree robbery, the punishment is imprisonment in state prison for three (3), four (4), or six (6) years. Punishment for second degree robbery punishable by imprisonment in state prison for two (2), three (3), or five (5) years.

There are many defenses to robbery. The defendant must have formed the intent to take the robbery before or during the time he/she used force or fear. Without the requisite intent, there is no robbery. Additionally, another defense is that there was no force or fear. A defendant can not be convicted of robbery if the defendant did not apply any force or the victim was not afraid during the taking.

For more information, go to www.wklaw.com and read our Robbery section. You will find invaluable information on the charges that you or a loved one may be facing, as well as the possible defenses.

The consequences of being convicted of robbery involve a lengthy jail sentence. With so much at stake it is essential that you speak with an experienced criminal defense attorney before taking any action on your case. Wallin & Klarich has over 30 years of experience defending the rights of our clients. Call us at (888) 749-0034 to learn more about your legal rights. We will be there when you call.

It was recently reported in the OC Register that trial began for the robbery of a Buena Park liquor store. On August 8, 2006, two individuals intentionally shot a liquor store owner and a customer in the head for purposes of avoiding any witnesses to the robbery.
The two alleged robbers were William Deshawn Cartlideg and Neil Deontrai Duffey. The prosecution alleged that the two shot, Mote Malhas, the owner of Sportsman Liquor, at close range and Cesar Castillo, a customer in the store. The two robbers eventually yanked the register from the counter and fled.

Under California law, 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. Any amount of force is enough to qualify as a robbery. In this case, using a handgun is sufficient force to constitute a robbery. More importantly, robbery is punishable based on whether it is first or second degree robbery. First degree robbery is defined as any robbery of any person who is performing his or her duties as an operator of any bus, taxicab, or, streetcar, and every robbery which is perpetrated in an inhabited dwelling house, or any inhabited portion of any other building. Second degree robbery is all other robbery. The punishment for first degree robbery is state imprisonment for three, six, or nine years. Conversely, second degree robbery is punished by two, three, or five years.

If you or a loved one is facing a charge of robbery, it is important that you speak with an experienced Southern California attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of robbery cases. Our attorneys will fully inform you of your options as they navigate through the complex court system for you. Call us today at (888) 280-6839 or visit us at www.wklaw.com. We will be there when you call.

On May 6, 2010, it was reported that a robbery occurred in the city of Glendale at Community Bank when a petite girl in her late teens made off with an undisclosed amount of money. Glendale, bisected by the Verdugo Mountains, is famous for having helped, in conjunction with Burbank, father the emerging age of aviation, and is home to the now retired Grand Central Airport. Glendale is also home to the Forest Lawn Memorial Park Cemetery, which contains the remains of many celebrities and local residents.

Robbery is the crime of taking or attempting to take something of value by force or threat of force, and/or by putting the victim in fear. There are many ways a robbery can occur. For instance, there is normal robbery (which does not involve the use of any weapon), armed robbery (which involves the use of a weapon), aggravated robbery (which involves the use of a deadly weapon or something that appears to be a weapon), mugging (which takes place outside and in a public place), carjacking (the act of stealing a car from a victim by force), and extortion (the threat to do something illegal, or the offer to not do something illegal, in the event that goods, or money, are or are not given). Since the seriousness of these different types of robberies varies, the sentence that a person can be exposed to will also vary. This is why it is important to hire a law firm that is familiar with robbery offenses, and the sentences that go along with them.

At Wallin & Klarich, our knowledgeable and aggressive Glendale criminal defense attorneys have been defending the rights of those accused of robbery offenses for over 30 years. If you, or a loved one, are being accused of robbery, the time to act is now. Call Wallin & Klarich at 888-280-6839, or visit www.wklaw.com for more information about how we can help you with your case.

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It was recently reported that 4 men are facing robbery and assault charges after they allegedly struck a man over the head with a beer bottle and took a woman’s purse at a Del Taco in Costa Mesa, California. Miguel Mondragon, 19, is the sole suspect facing a charge of first degree robbery. Mondragon has plead not guilty.

Under California Penal Code Section 211, 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. First degree robbery is defined as any robbery that is committed against any person performing his or her duties as an operator of a bus, taxicab, cable car, street car, or other vehicle; every robbery of any passenger which is perpetrated on any vehicles used for transportation for hire; every robbery which is perpetrated in an inhabited dwelling house; every robbery of a person while using an ATM, or immediately after the person has used the ATM; or the inhabited portion of any other building is defines robbery in California of the first degree.

Continue reading "Man Facing Robbery Charge from Del Taco Incident - California Penal Code Section 211" »

According to the Orange County Register, five men have been accused with robbing a former mortgage lender at his Newport Coast mansion on December 8, 2009. One was arraigned on December 11, 2009. Two posted bail and were arraigned on January 26, 2010, and warrants have been issued for the other two suspects.

Each suspect has been charged with one felony count of conspiracy to commit robbery, two felony counts of kidnapping to commit robbery, five felony counts of first degree robbery in concert, and six felony counts of assault with a firearm.

According to prosecutors, the five men met up at a grocery store parking lot before the robbery. Then, three of the men went inside the house, tied up the houseguests, and pistol-whipped at least two of them; a third went to the hospital for his injuries.

Continue reading "Five Accused in Newport Beach Robbery - California Penal Code Section 211" »

James Tyrell Harris, a South Los Angeles anti-gang activist, was arrested for allegedly misappropriating $85,000 in city funds. While serving as chairman and treasurer of the Empowerment Congress Southwest Area Neighborhood Development Council, Harris is said to have made unauthorized withdrawals and purchases for travel expenses and hiring his daughter for administrative work.

Harris already has two prior felony convictions for robbery in Los Angeles during the 1980s. Although Harris could face up to 25 years to life in prison because of the two previous strikes, Los Angeles prosecutors believe this is unlikely because the nature of the crime was not violent. Harris is not the first neighborhood council member to be accused of misappropriating funds in Los Angeles; four others within the last two years have also been charged. These recent trends have alerted officials of the need for more supervision of Los Angeles neighborhood councils given city funds.

Continue reading "Los Angeles Neighborhood Councilman Facing Felony Charges for Misusing City Funds" »

California Penal Code 211 states the following: “Robbery is 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.”

The Code continues to define the two types of robbery crimes in California – first and second degree. The difference is covered in Penal Code 212.5. Essentially, first degree robbery covers robbery of a person driving a vehicle, robbery of a person using an ATM, and robbery of a person at their home. Second degree robbery covers all other forms of robbery.

Both first and second degree robbery count as strikes. A strike is a crime that is most likely to be punished by significant time in prison. Also, if you have a strike conviction on your criminal record, any future crime you might commit will be punishable for double the normal amount of time in prison.

Continue reading "What is the Difference between First and Second Degree Robbery?" »

Connie Keel was charged with first-degree murder for participating as an aider and abettor in the robbery of a liquor store that resulted in the death of the store clerk. Keel was convicted of murder in California at her 1981 trial, even though she was never accused of killing anyone with her own hands. To this day, Keel claims that she had no idea that her husband and cousin intended to rob the liquor store. However, under California’s Felony Murder Rule, prosecutors successfully charged her with first-degree murder. The penalty for first-degree murder is 25 years to life.

The Felony Murder Rule allows prosecutors to charge a defendant with first degree murder, if any homicide is committed during the course of specified felonies—such as robbery, rape, and burglary. An aider and abettor is anyone who helps the principal offender commit the crime. Keel is alleged to have waited in the getaway car while her husband and cousin robbed, and ultimately shot and killed the liquor store clerk.

The Felony Murder Rule is inscribed in California Penal Code Section 189. It states in pertinent part that “all murder… which is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping…, is murder of the first degree.” California also recognizes the offense of second-degree murder, punishable by sentences of 15 years to life, for homicides committed during the course of other felonies not referred to in the statute but deemed “inherently dangerous to human life.”

Continue reading "Under California's Felony Murder Rule, an Unarmed, First-Time Offender Served 29 Years in Prison for Waiting in a Getaway Car During a Robbery" »