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Articles Posted in Robbery

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Suge Knight

For the past 20 years, few men have cast a shadow over the music industry that looms quite as large as Marion “Suge” Knight’s. The former college football player and bodyguard is a co-founder of Death Row Records. Knight has been a driving force in establishing the West Coast rap scene, teaming with rapper/producer Dr. Dre to promote heavyweight artists such as Snoop Dogg and Tupac Shakur.

In the rap world, Knight is as famous as he is notorious; as respected as he is feared. His reputation is constructed partly from myths and conspiracy theories surrounding the murders of Shakur and rival rapper Notorious B.I.G., and partly from numerous run-ins with the law over the past 25 years.

In 1987, Knight pleaded guilty to charges of assault with a deadly weapon, and in 1990 to two separate battery charges. He later received probation and a nine-year suspended sentence for another weapon-related assault charge in 1992, a sentence that was later imposed after he was convicted of assaulting a rival gang member at the MGM Grand in 1996. Knight served five years in prison.1

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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.

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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.

Shoplifting%20PC%20484%20and%20Robbery%20PC%20211%20in%20California.jpgPetty 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.

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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.

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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.

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Most people think the terms “robbery” and “theft” are interchangeable. However, the truth is that these are two completely separate crimes in the state of California. These crimes differ greatly under California Penal Code and they each carry separate punishment. So what’s the difference between robbery and theft?

To best illustrate the differences between these two crimes, imagine a woman waiting at a bus stop with her purse. If you were to take her purse without her knowledge, that would be considered theft. But if she were to notice and grab her purse, causing you to forcefully take it from her hands, it then becomes a robbery.

What is Robbery?

Similar to theft, robbery is the taking of another person’s property. Where it differs is how the property is taken. Robbery is when you take another person’s property by use of force or intimidation.

Robbery is a much more serious crime in the eyes of California law. While theft crimes can be charged as felonies or misdemeanors, robbery is always considered a felony. This means the penalties you face if you are convicted of this crime are very severe. So how exactly do the punishments for these separate crimes compare?

Punishment for Theft vs Robbery

robbery and theftThe consequences you face for a conviction of theft or robbery will depend upon the circumstances of your case. In the case of robbery, there are different ways that you could be charged. The worst kind of robbery charge is first-degree robbery, which could be charged if you robbed someone while in their home or while they were withdrawing money from an ATM. A conviction of first-degree robbery carries a prison sentence of up to nine years.

Additionally, a robbery conviction counts as a “strike” on you criminal record for the purposes of California’s Three Strike laws. Under this law, if you are convicted of a qualifying crime and you have previously been convicted of other qualifying felonies, you could automatically face double the jail sentence or even a life sentence.

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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.

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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.

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Criminal threatIn 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.

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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.

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.