Southern California Defense Blog

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.

How a Criminal Defense Attorney Can Help You

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" »

A California Appellate Court affirmed once again that a person convicted of theft in California cannot also be convicted of receiving stolen property when the property in question is the property of the theft. The courts have long recognized that a crime of theft and/or robbery is the taking of personal property of another.

Now, if you are the individual who took that property, you cannot also be found guilty of the crime of receiving stolen property because the property in question is one in the same. In a recent decision, the California Appellate Court added carjacking to the list of thefts, where the Court held that a defendant could not be convicted of both carjacking and receipt of stolen property when the stolen property is the vehicle taken in the carjacking.

In the instant case, the Defendant was not sentenced on the receipt of stolen property, and the ruling court treated the charge of receiving stolen property in violation of Penal Code section 496 as a lesser included offense to the carjacking. The Appellate court held that to treat it as a lesser included offense is not correct. Rather, that if the Defendant was found guilty of carjacking, he must be acquitted of the charge of receiving stolen property.

If you or someone you know is being accused of a theft crime, you must be aware that there will likely be an incorrect charge of receipt of stolen property. This will have to be fought, and the best option will be to hire an experienced San Diego criminal defense attorney. Wallin & Klarich has been fighting for people accused of theft crimes for years. If you would like to speak to one of our experienced criminal defense attorneys, just call 1-888-280-6839, or visit our website, www.wklaw.com for more information.

California Supreme Court Confirms Its Position on Robbery Issue, Meaning You Need an Experienced Criminal Defense Attorney

The California Supreme Court recently clarified a conflict in the Court of Appeal concerning whether, for purposes of Robbery, all employees have constructive possession of the employer’s property while on duty and thus may be separate victims of the employer’s business. The court held that all employees on duty during a robbery in California DO in fact have constructive possession of their employer’s property and therefore any employee on duty can be a separate victim of the robbery, thus increasing the likelihood of longer prison sentences for those convicted of robbery where multiple employees are on duty.

In the case at issue, People v Scott, Defendants Andre Scott and Maurice Kenney were each charged with three counts of Robbery based on a single incident which was the early morning robbery of a McDonald’s in Sacramento. The three alleged victims were employees on duty at the restaurant that morning. One of the employees was working the drive-thru window and when she saw two masked men enter the restaurant, one with a gun, she immediately ducked down and hid under the grill where she remained for the duration of the incident of theft in California. Another employee was preparing food in the back when the robbery started and she hid under a table for the duration of the robbery. The third employee, a manager, was the only employee with access to the safe and was directed to the safe where she opened it and placed money in a bag along with a tracking device that the suspects made off with. The suspects were apprehended shortly thereafter when police located them using the tracking device.

During trial, the Defense argued that the two employees who did not have access to the safe were not proper victims of the robbery because they did not have constructive possession of the money and therefore only one charge of robbery was proper as to the manager who did have access to the safe. The District Attorney argued that all three of the employees had constructive possession of the property because they were all engaged in performing their duties at the time of the robbery.

The Trial Court agreed with the DA and the Supreme Court affirmed that the conclusion that employees have constructive possession of their employer’s property when they are present during a robbery is consistent with a long line of cases involving the constructive possession issue and also consistent with the intent of the legislature. As a result of this case, Defendant Scott was sentenced to 116 years, 8 months to life in prison and Defendant Kenney was sentenced to a term of 30 years, 8 months. This case clarifies just how serious robbery cases are and will ensure lengthier sentences for those convicted of a robbery where multiple employees are present.

If you or anyone you know is being suspected of committing robbery, it is essential that an experienced California criminal defense attorney be contacted, such as those at Wallin & Klarich. Contact Wallin & Klarich today at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.