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

Burglary

Burglary – Commercial & Residential (PC 459):

Penal Code 459 defines “burglary” as entering into a locked vehicle, room, or structure, with the intent to commit a felony (or petty theft) once inside. Often referred to as “breaking and entering,” you can be charged with burglary even if there was no forced entry. Examples of burglary include (but are not limited to): breaking into someone’s house to steal jewelry, breaking a car window and stealing the radio, entering a bank with the intent to cash a fraudulent check, or entering a home with the intent of committing felony assault. There are two types of burglary cases, one that happens on residential property and the other on commercial property.

Penalties (PC 459):

Residential burglary is considered “first degree” burglary in California; which is burglary that occurs at any inhabited dwelling, a place where someone lives or sleeps, whether or not it is occupied. First degree burglary is always a felony. If convicted, you may be ordered to serve up to one year in county, and up to six years in California state prison, with fines up to $10,000. A conviction for first degree, residential burglary counts as a strike under California’s Three Strikes Law.

Commercial burglary is considered “second degree” burglary in California- which is burglary that occurs at a location where people are not residing. Commercial burglary is a “wobbler,” the prosecutor can elect to charge you with a misdemeanor or felony. The decision is based on circumstances of the offense with a look into your criminal record, if any. If convicted of a misdemeanor of this manner, you can expect to serve up to 1 year in county jail. A felony conviction can subject you up to 3 years in jail. However, it is important to note that commercial burglary do not count as strikes on your criminal record.

Legal Defenses (PC 459):

There are numerous defenses our team of criminal attorney’s can present on your behalf. Whether there was a lack of intent present, a mistake of fact, a claim of right, or the presence of police misconduct, we will work with you to find the best defense with the circumstances of your case.

May 5, 2015May 7, 2015

Second Degree Murder

The second degree murder rule attaches to felonies that are both inherently dangerous, and not specifically included under the first-degree felony-murder rule. “Inherently dangerous” felonies are those that cannot be committed without creating a substantial risk that someone will be killed. For example, setting a car on fire that is found in close proximity to people, is inherently dangerous to human life and triggers the second-degree felony-murder rule.

Overview of California Second Degree Murder Laws

A prosecutor may charge homicide, the unlawful killing of a human being, as murder or manslaughter. Murder requires proof of “malice aforethought,” which refers to the defendant’s intent or state of mind. In a murder case, California state laws require the prosecutor to prove that the defendant exhibited express or implied malice. Express malice means that the defendant deliberately chose to commit murder. Alternatively, the prosecutor may show implied malice in the defendant’s conduct that reflects an “abandoned and malignant heart.” Implied malice may arise if the defendant meant to create the circumstances that resulted in the killing of another person. When a criminal case lacks malice, the prosecutor will likely need to pursue manslaughter charges instead of murder charges.

Murder in California may be prosecuted in the first degree or second degree. First degree murder is the more serious of the two charges. The legal definition of first degree murder affects the definition of second degree murder — state law defines second degree murder as all murders that do not qualify as first degree murder.

California state laws list a number of special circumstances that qualify a homicide as first degree murder. The circumstances of first degree murder include a killing committed during the commission of one of the felonies specified by state law or the use of a designated means of killing such as a weapon of mass destruction or an explosive device. All homicides that do not meet the definition of first degree murder will be charged as second degree murder unless the prosecutor chooses to pursue a charge of manslaughter.

If the victim does not die within three years and one year after the date when the cause of death allegedly occurred, California state laws include a presumption that the homicide was not a criminal act of murder or manslaughter. The prosecutor must rebut the presumption in order to pursue a second degree murder charge.