Bottom line: Dane took a fifty-dollar bill that didn`t belong to him. The money was in Vanya`s possession at the time, and since the bill was in Vanya`s purse, the money was in Vanya`s immediate presence. Since Vanya had no previous relationship with Dane (and since Dane had to drug Vanya to get the money), we can assume that the bill was accepted against Vanya`s will. In addition, stunning someone is considered a form of violence; Giving the drug to Vanya is at least one form of illegal battery that requires the use of force. After all, Dane, we can assume, wanted to take the money permanently because he is a thief. Dane should be convicted for these facts. If someone has a legal claim or an honest and reasonable belief that the property belongs to them, they would have a legal defense against any charge of robbery if they use force to recover that property. For example, a man learns that his neighbor stole an expensive tool from his garage. The man sees how the neighbor uses the tool, confronts it and forcibly takes it out of his hands. This man could not be charged with robbery because he had a right to property. However, the right of legal defence would not protect an accused from charges of assault or criminal threats.
Fortunately, an experienced criminal defense attorney can help. There are a variety of common legal defenses we can use to help you combat theft allegations in California — or reduce or dismiss your pre-trial charges. Example: Defendant Danny goes to a Rams game but doesn`t have a ticket. He turns to the illegal ticket seller and buys a ticket at a price well above face value. An illegal ticket seller, whose prices do not go unnoticed by the police, is then arrested. He tells the police that he stole the tickets from a vendor and sold one to Danny. Police find Danny at the Colosseum and arrest him for violating Section 496(a) of the Code of Criminal Procedure. Should Danny be convicted? The legal definition of robbery in California focuses on the “elements of the crime.” These are the facts that a prosecutor must prove before you can be guilty of this crime. Robbery under Criminal Code 211 is a crime in California. Conclusion: While it is clear that Danny bought stolen goods (the illegal ticket seller admitted this), Danny had no idea where the ticket came from. (The fact that Danny paid an inflated face value does not prove that the ticket was stolen or blackmailed.) Danny should not be convicted of receiving stolen property because he had no idea the ticket had been stolen. Believe it or not, there are several California crimes you can commit by getting married.
These include bigamy, incest, and marrying someone else`s spouse. 1. How does California law define “bigamy”? Penal Code 281 PC is the California law that defines the crime of bigamy. This article of the code makes it illegal for a person to marry when. A charge under Section 211 of the California Criminal Code can have serious consequences. As always, the best advice is to be represented by a lawyer. The sooner the better. You can be sure that our lawyers will consider all options to fight these accusations and achieve the best possible outcome. Conclusion: Although someone may have committed theft, the facts clearly show that Dominic did not do anything illegal; He was simply walking in his own neighborhood when police received a poorly detailed complaint. The police then acted without security and, as a result, Dominic was mistaken for the actual perpetrator in a simple case of false identity.
He should be acquitted of the section 211 robbery charge. People charged with robbery may have legal options. It is important that you contact a defence lawyer if you or a loved one is charged under CP 211. A lawyer may review any allegation of robbery to determine if any of the following defences apply to you: A person takes something when they take possession of it and moves it a certain distance, no matter how short. Even if the property is returned immediately, the defendant can still be charged with robbery. Note: If you have committed a single act that would violate both section 211 and paragraph 215(a), you cannot be convicted under both. In this case, the Public Prosecutor`s Office must decide whether to prosecute under one law or another. [54] Example: Kim walks down the street with a fake Louis Vuitton handbag. She is confronted by Michelle, who threatens to hurt her if she does not abandon the bag. Kim gives her bag to Michelle. While each case is different, you can consider how these related offenses may affect a penalty for robbery: Robbery is a crime punishable in the first and second class. If convicted of first-degree robbery, you could face up to nine years in prison.
If convicted in the form of the second degree, you can spend up to five years in a state prison. You also face fines of up to $10,000 or fines and jail time in both forms. They can be charged with both carjacking in California and stealing PC-211s. However, they can only be convicted for one or the other.43 The California Grand Theft Criminalization Act (CPC §487(a), (d)(2)) applies when property over $950 is stolen or a firearm is confiscated from its rightful owner. [16] Grand Theft requires no recourse to fear or violence. However, you will need to move the property and keep it for a while. [17] However, they took the tools not because they planned to do so, but because they saw the opening. There was therefore no prior intent to commit a crime before entering the property. This person may drop the burglary allegations or reduce them to something less serious. If you have been falsely accused of committing robbery, you need a good lawyer who can find inconsistencies in the evidence to show that you were not the perpetrator of the crime.