Robbery

Robbery (PC 211):

Penal Code 211 defines “Robbery” in the state of California as: taking the personal property that is in the possession of another person, from their immediate presence, against their will, or through the use of force and/or fear (for example, wearing masks and wielding guns). However, the crime can also be committed in less obvious ways such as: breaking into a home with residents inside, then threatening them with physical harm before stealing their property, or drugging someone then stealing their personal property.

Penalties (PC 211):

First degree robbery can land you in state prison for 3 to 9 years. Second degree robbery is punishable by 2 to 5 years in state prison.

Legal Defenses (PC 211):

In order to defend a person charged with robbery, it must be proven by the defense that there was no force or fear is taking the property that you felt a right to take the property, that you are a victim of mistaken identity and that you were falsely accused.

Legal Definitions

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.

212. The fear mentioned in Section 211 may be either:
1. The fear of an unlawful injury to the person or property of the
person robbed, or of any relative of his or member of his family;
or,
2. The fear of an immediate and unlawful injury to the person or
property of anyone in the company of the person robbed at the time of
the robbery.

212.5. (a) Every robbery of any person who is performing his or her
duties as an operator of any bus, taxicab, cable car, streetcar,
trackless trolley, or other vehicle, including a vehicle operated on
stationary rails or on a track or rail suspended in the air, and used
for the transportation of persons for hire, every robbery of any
passenger which is perpetrated on any of these vehicles, and every
robbery which is perpetrated in an inhabited dwelling house, a vessel
as defined in Section 21 of the Harbors and Navigation Code which is
inhabited and designed for habitation, an inhabited floating home as
defined in subdivision (d) of Section 18075.55 of the Health and
Safety Code, a trailer coach as defined in the Vehicle Code which is
inhabited, or the inhabited portion of any other building is robbery
of the first degree.
(b) Every robbery of any person while using an automated teller
machine or immediately after the person has used an automated teller
machine and is in the vicinity of the automated teller machine is
robbery of the first degree.
(c) All kinds of robbery other than those listed in subdivisions
(a) and (b) are of the second degree.

213. (a) Robbery is punishable as follows:
(1) Robbery of the first degree is punishable as follows:
(A) If the defendant, voluntarily acting in concert with two or
more other persons, commits the robbery within an inhabited dwelling
house, a vessel as defined in Section 21 of the Harbors and
Navigation Code, which is inhabited and designed for habitation, an
inhabited floating home as defined in subdivision (d) of Section
18075.55 of the Health and Safety Code, a trailer coach as defined in
the Vehicle Code, which is inhabited, or the inhabited portion of
any other building, by imprisonment in the state prison for three,
six, or nine years.
(B) In all cases other than that specified in subparagraph (A), by
imprisonment in the state prison for three, four, or six years.
(2) Robbery of the second degree is punishable by imprisonment in
the state prison for two, three, or five years.
(b) Notwithstanding Section 664, attempted robbery in violation of
paragraph (2) of subdivision (a) is punishable by imprisonment in
the state prison.

214. Every person who goes upon or boards any railroad train, car
or engine, with the intention of robbing any passenger or other
person on such train, car or engine, of any personal property thereon
in the possession or care or under the control of any such passenger
or other person, or who interferes in any manner with any switch,
rail, sleeper, viaduct, culvert, embankment, structure or appliance
pertaining to or connected with any railroad, or places any dynamite
or other explosive substance or material upon or near the track of
any railroad, or who sets fire to any railroad bridge or trestle, or
who shows, masks, extinguishes or alters any light or other signal,
or exhibits or compels any other person to exhibit any false light or
signal, or who stops any such train, car or engine, or slackens the
speed thereof, or who compels or attempts to compel any person in
charge or control thereof to stop any such train, car or engine, or
slacken the speed thereof, with the intention of robbing any
passenger or other person on such train, car or engine, of any
personal property thereon in the possession or charge or under the
control of any such passenger or other person, is guilty of a felony.

215. (a) “Carjacking” is the felonious taking of a motor vehicle in
the possession of another, from his or her person or immediate
presence, or from the person or immediate presence of a passenger of
the motor vehicle, against his or her will and with the intent to
either permanently or temporarily deprive the person in possession of
the motor vehicle of his or her possession, accomplished by means of
force or fear.
(b) Carjacking is punishable by imprisonment in the state prison
for a term of three, five, or nine years.
(c) This section shall not be construed to supersede or affect
Section 211. A person may be charged with a violation of this section
and Section 211. However, no defendant may be punished under this
section and Section 211 for the same act which constitutes a
violation of both this section and Section 211.

May 5, 2015May 7, 2015

Personal Injury

If you have been injured due to another person’s negligence (or in the result of an accident), as a victim, you may be entitled to compensation for injuries and losses. Common types include (but are not limited to): medical malpractice, workplace accidents, motor vehicle and/or traffic accidents and so forth. If you believe you have endured a personal injury, one of our experienced personal injury attorneys can help you to be compensated for your injuries and losses.

Statute of Limitations

A statute of limitations is the deadline for filing a lawsuit. Most lawsuits MUST be filed within a certain amount of time. In general, once the statute of limitations on a case “runs out,” the legal claim is not valid any longer.

The period of time during which you can file a lawsuit varies depending on the type of legal claim. Here are the statutes of limitations for some common types of legal disputes:

Personal injury: Two years from the injury. If the injury was not discovered right away, then it is 1 year from the date the injury was discovered.
Breach of a written contract: Four years from the date the contract was broken.
Breach of an oral contract: Two years from the date the contract was broken.
Property damage: Three years from the date the damage occurred.
Claims against government agencies: You must file a claim with the agency within 6 months (for some cases, 1 year) of the incident. If the claim is denied, you can then file your lawsuit in court but there are strict limits to when, so read the section on government claims and the chart on statute of limitations below.

Some crimes, such as murder, are considered so terrible that they often have no statute of limitations period. See a table for “statutes of limitations” in many types of cases.

Figuring out when the statute of limitations runs out on a claim is not easy. If you have any doubts about how to calculate the time you have, talk to a lawyer. Click for help finding a lawyer. Your court’s self-help resources may also be able to help you find out more about the statute of limitations in your case. Click to find help from your court.

Government claims

When you sue a government agency, you first have to file a special claim (called an “administrative claim”) with the government office or agency before you file in court. You have to use the government’s form to file the claim.

For personal injury or personal property damage, you must file your administrative claim within 6 months of the date of the injury. (There are a few exceptions. Review California Government Code section 905 and section 911.2 or talk to a lawyer.)
For breach of contract and real property damage cases: You must file your administrative claim within 1 year of the date the contract was broken or the real property damage occurred.

After you file your claim, the government has 45 days to respond. If the government agency denies your claim during the 45 days, you have 6 months to file a lawsuit in court from date the denial was mailed or personally delivered to you. If you do not get a rejection letter, you have 2 years to file from the day the incident occurred. But do not count on having 2 years to file your claim.

The statute of limitations for government claims can be complicated to figure out. Talk to a lawyer if you have any doubts about how much time you have. Click for help finding a lawyer. Your court’s self-help resources may also be able to help you find out more about the statute of limitations in your case. Click to find help from your court.

Tolling of the statute of limitations

Sometimes the statute of limitations is suspended (“tolled”) for a period of time, and then begins to run again. For example, tolling may happen when the defendant is a minor, is out of the state or in prison, or is insane. When the reason for the tolling ends (like if the minor turns 18, or the defendant returns to California or gets out of prison, or the defendant is no longer insane), the statute of limitations begins to run again.

Cases dealing with tolling may be very complicated and you need to talk to a lawyer.

MOST COMMON STATUTES OF LIMITATIONS

This table lists the most common time periods for starting lawsuits also known as filing a claim. The law on time periods for starting lawsuits is found in California Code of Civil Procedure sections 312-366. Check these code sections to confirm how much time you have to file your lawsuit.

Check the Code of Civil Procedure sections if the problem is different from those listed here because the time period to sue may be anywhere from months to many years.

IMPORTANT: Make sure you read the law that applies to your specific case because there may be exceptions or other laws that apply to the facts in your case. Talk to a lawyer to make sure you understand the statute of limitations that applies to your specific case.

Type of Problem (or Case)	Time Period During Which You May Sue (or Be Sued)
*Injury to a person.* The defendant hurts you with or without intending to hurt you. For example, personal injury accidents, wrongful death, assault, battery, intentional or negligent infliction of emotional distress, wrongful act, or negligent act, etc. California Code of Civil Procedure section 335.1.	*2 years* from the date of injury
*Damage to property.* The defendant damages or destroys your property either with or without intending to damage it. For example, taking your personal property (conversion), crashing your vehicle, going onto your property without permission (trespass), fraud, nuisance, etc. California Code of Civil Procedure section 338. Also for breach of sale of goods, seeCaliforna Commercial Code section 2725.	*3 years* from the date the property was damaged
*Libel or slander*. The defendant defames you in print, writing, or pictures (libel) or verbally (slander). California Code of Civil Procedure section 340(c).	*1 year* from the date of injury
*Oral contracts.* Contracts that you and the defendant did not write down.California Code of Civil Procedure section 339. (Most oral contracts will have some sort of writing, e.g., a receipt, a canceled check, etc. This writing may be proof that you had an oral contract.)	*2 years* from the date the contract was broken
*Contracts in writing.* California Code of Civil Procedure section 337.	*4 years* from the date the contract was broken
*Known (apparent) problems* (called “patent defects”) in real property improvement design, survey, construction, etc., and resulting injury to property or person. California Code of Civil Procedure section 337.1.These usually are lawsuits against architects, contractors, or builders.	*4 years* from the date the construction was mostly finished
*Unknown (not apparent) problems* (called “latent” defects) in real property improvement design, survey, construction which cause damage to real estate or personal property. California Code of Civil Procedure, Section 337.15. These usually are lawsuits against architects, contractors or builders.	*10 years* from the date construction was mostly finished
*Personal property left at* a hotel, hospital, rest home, sanitarium, boarding house, lodging house, or apartment, etc. California Code of Civil Procedure zection 341a.	90 days after departing from premises
Against a health-care provider (medical malpractice). 1 year from the date plaintiff knows or should have known about the injury, or 3 years from the date of the injury whichever is the earlier date. California Code of Civil Procedure section 340.5. Note: If you are going to sue a health-care provider you MUST give them 90 days’ notice before filing. California Code of Civil Procedure section 364.	*1 year (In some cases, 3 years. Read the law).*
*Against a bank*. If a bank paid on a check that was signed without authorization or where the signature was forged. California Code of Civil Procedure, Section 340.	1 year from the date the bank paid out the funds.
*Against government agencies or offices. These cases require that you file a special claim (called an “administrative claim”) with the government office or agency before you file in court. You have to use the government’s form to file the claim. Personal property and personal injury/death cases: You must file your administrative claim within 6 months of the date of the injury.Government Code section 911.2 Breach of contract and real property damage cases: You must file your administrative claim within 1 year of the date the contract was broken or the real property damaged. See the reference to claims relating to “any other cause of action” under Government Code section 911.2. After you file your claim, the government has 45 days to respond.Government Code section 912.4. If the government agency Denies* your claim during the 45 days, you have 6 months to file in court from date the denial was mailed or personally delivered to you.Government Code sections 912.4, 912.6. Does not respond to your claim during the 45 days, you have 2 years from the date the incident occurred to file in court. Government Code section 945.6 (a)(2). Consult with an attorney to make sure you file your claim and file your lawsuit before the deadline.	*6 months* from the time of the injury to file an administrative claim OR *1 year* from the breach of contract or real property damage to file an administrative claim When to file a court case depends on whether your administrative claim is denied or not responded to. If your claim is not responded to, talk to a lawyer to find out how much time you have to file your lawsuit.

May 5, 2015May 7, 2015

Hit and Run

Hit & Run (VC 20002)

In California you may be charged with a hit and run if the following occurred if: you left the scene of an accident, failed to identify yourself to parties involved, and caused property damage.

A misdemeanor hit and run in California is concerned with property damage.
A Felony hit and run in California is concerned with injury; you may be charged with a felony if the other party sustained any injuries or death.

Penalties (VC 20002)

A misdemeanor hit and run can result in fines up to $1,000 or 6 months in county jail. Informal probation may be granted for a period of 36 months. Restitution fees to damages may also be imposed. The DMV will also count this as 2 points on your driving record.
A felony hit and run can result in fines up to a staggering $10,000. In most cases, a prison sentence of 3 years will be imposed. If death or serious injury occurs, the prison sentence could be raised to up to 4 years. A felony hit and run is considered a “wobbler” giving the prosecutor the discretion to consider the charge as a misdemeanor or felony.

What Is a Hit and Run Accident?

A hit and run accident is any accident in which a driver intentionally leaves the scene without providing contact information.

Examples of hit and run accidents include:

A car hits you and speeds off.
A driver hits your unattended parked car and leaves no contact information or way of collecting damages.

May 5, 2015May 7, 2015

Grand Theft

Grand Theft (PC 487):

In California, the crime of theft is defined as the unlawful taking of someone else’s property. It is considered grand theft under Penal Code 487 if the property is valued over $950. If convicted of grand theft, you may face many repercussions to your professional and personal life. Examples of grand theft include (but are not limited to): shoplifting an item valued higher than $950, embezzling money in great amounts from an employer, or breaking into a home to steal personal items worth thousands of dollars.

Penalties (PC 488):

This is considered a “wobbler”, meaning the prosecutor has the discretion to charge a person with a misdemeanor or felony. A misdemeanor charge carries up to one year in county jail. For felony grand theft, you may be sentenced up to three years of incarceration.

Legal Defenses (PC 488):

In a typical grand theft case, our attorneys will strive to prove several factors: that you did not intend to steal, you took the alleged stolen property because it actually belongs to you, and the person who the item was taken from gave you consent to do so, and/or that you are falsely accused of a crime you did not intend to commit.

California

“Grand theft is committed when the value of stolen property exceeds $950. Theft is also considered grand theft when more than $250 in crops or marine life-forms are stolen, “when the property is taken from the person of another,” or when the property stolen is an automobile, farm animal, or firearm. There are a number of criminal statutes in the California Penal Code defining grand theft in different amounts. Most common amount is $950.00.” –wikipedia