Southern California Defense Blog

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?" »

Why You Need an Experienced Three Strikes Criminal Defense Law Firm

In the recent case of Superior Court v. Nguyen held that a juvenile who was adjudicated a ward of the court in Juvenile Court for a crime that would be considered a strike under California Three Strike Laws will count as a strike if that juvenile offender commits another felony. In a 6-1 Supreme Court decision, the Nguyen case allows prosecutors to allege a prior juvenile strike for purposes of increasing the punishment on any new felony committed as an adult. It is crucial that your criminal defense attorney know and understand this important case.

If you or a loved one is charged with a serious crime in juvenile court it is more important then ever to seek competent legal counsel that understands the implications of a juvenile being charged with a serious felony. Unlike other juvenile cases, this new law allows a juvenile adjudication (conviction) to follow that juvenile through his/her adult life. The stakes are too high not to seek the best attorney you can find.

Continue reading "Supreme Court Rules that Juvenile "Strikes" Can be Used Under Three Strikes Law" »

Why You Should Call a Juvenile Defense Attorney

The recent case of Superior Court v. Nguyen held that a juvenile adjudicated a ward of the court in Juvenile Court for a crime that would be considered a strike under California’s Three Strike Laws will count as a strike if that juvenile offender commits another felony. In a 6-1 Supreme Court decision, Nguyen allows prosecutors to allege a prior juvenile strike for purposes of increasing the punishment on any new felony committed as an adult. It is crucial that your criminal defense attorney know and understand this important case.

Wallin & Klarich have been representing juvenile offenders for over 28 years. If you or a loved one is charged with a serious crime in juvenile court it is more important then ever to seek competent legal counsel that understands the implications of a juvenile being charged with a serious felony.

Call the experienced California juvenile criminal defense lawyers at Wallin & Klarich for a consultation at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about what can be done.

A recent article in the Los Angeles Times discusses a clinic at Stanford Law School that focuses entirely on convicts who are serving extended sentences because of California’s Three Strikes Law. The students at this law clinic are devoting their time and effort to reversing what they view as miscarriages of justice under the California Law.

Since September, the Stanford Criminal Defense Clinic, has persuaded judges to lessen the sentences of four prisoners, three of which have been released so far, having already served their reduced prison terms, which ranged from six to 10 years.

Other innocence projects have existed in the past. They offer opportunities for those individuals who claim to be innocent of the crimes they are convicted of an opportunity to have an appeal heard in court. Rather than defending those who claim to be innocent, the Stanford students are advocating for prisoners guilty of what they view as relatively minor offenses and raising the question of how much prison time is too much.

While the work that organizations like the Stanford Criminal Defense Clinic offers three-strike offenders an opportunity to get out of jail, it certainly is the hard way to go about getting a court of law to lessen your sentence.

Continue reading "Law Students Help Free Three-Strike Offenders" »