September 10, 2010 By Wallin & Klarich

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 We will be there when you call.

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