The Difference Between Robbery and Burglary in California: Legal Definitions That Matter
The Difference Between Robbery and Burglary in California: Legal Definitions That Matter In California's criminal justice system, robbery and burglary are two distinct crimes that are often confused with one another. While both are serious offenses that can result in significant penalties, understanding the key differences between them is crucial for anyone facing such charges. This blog will break down these important legal definitions and explain why having experienced legal…
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The Primary Defenses To A Robbery Charge – Penal Code Section 211
The Primary Defenses To A Robbery Charge - Penal Code Section 211 Facing robbery charges can be a daunting experience. Robbery is a serious crime that involves taking someone's property through force or intimidation. Knowing your rights and understanding the defenses available can significantly impact the outcome of your case. If you are looking for a criminal defense attorney near you, then you can reach out to us at any…
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How To Defeat Robbery Charges In Orange County
How To Defeat Robbery Charges In Orange County Are you facing prison time for a robbery in Orange County? If so, the first thing you need to do is hire a skilled defense lawyer. Our law firm has over 40 years of experience defeating robbery charges throughout Southern California. The good news is you can call us today for a free consultation with no obligation. You’ve probably heard of California’s…
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WHEN CAN YOU REQUEST MENTAL HEALTH DIVERSION?
WHEN CAN YOU REQUEST MENTAL HEALTH DIVERSION? Penal Code §1001.36 allows the judge to grant diversion to a defendant, however, it is silent as to when the defendant must request they be placed in a diversion program. Generally, a diversion program is considered a pre-trial issue that can prevent the case from even going to trial. However, as recently as March 2, 2021, the Third District Court of Appeals determined…
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Felony Murder Conviction Upheld Because Defendant Acted with Reckless Indifference for Human Life
Felony Murder Conviction Upheld Because Defendant Acted with Reckless Indifference for Human Life In 2000, a man was convicted in San Bernardino for a home invasion robbery during which the man’s accomplice shot and killed a resident of a house. In 2005, the man was found guilty of first-degree felony murder and assault with a deadly weapon and was sentenced to 27 years to life. In 2018, the Legislature enacted…
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Can a Robbery Conviction Be Expunged? (PC 1203.4)
Can a Robbery Conviction Be Expunged? (PC 1203.4) If you have a robbery conviction on your criminal record, you are probably aware that your conviction could impact your ability to find a job and be a productive a member of society. You may be wondering if you can expunge your robbery conviction from your criminal record. Our skilled expungement lawyers at Wallin & Klarich have been representing clients in post-conviction…
Read MoreCan I Be Charged With Bank Robbery if I Rob Somebody at a Bank ATM? (PC 212.5)
Can I Be Charged With Bank Robbery if I Rob Somebody at a Bank ATM? (PC 212.5) On the surface, bank robbery seems like a straightforward crime. If you attempt to rob a bank, you could be charged with this crime under 18 U.S.C. Section 2113. If you rob an individual, you could be charged with first degree robbery. But what happens if you rob someone at a bank ATM?…
Read MoreConviction for Aiding and Abetting a Crime Absent the Perpetrator’s Conviction
Conviction for Aiding and Abetting a Crime Absent the Perpetrator’s Conviction If you are accused of aiding and abetting a crime, what happens if the defendant who is being prosecuted for actually committing that crime is not convicted? Can you still be criminally liable for aiding and abetting regardless of what happens to the perpetrator? To answer those questions, we must go back to a California Court of Appeals case…
Read MoreBank Robbery and Hostage Taking: The Crimes Committed in “The Town”
Bank Robbery and Hostage Taking: The Crimes Committed in “The Town” Ben Affleck’s highly successful 2010 crime film “The Town” portrayed the life of four fictional lifelong friends entangled in a dangerous crime world. Performing stunts and would-be felonies, the four friends embark on a journey of criminal activity. “The Town” starts with a carefully planned bank heist carried out by Affleck’s character and his three closest accomplices. Wearing ghoulish…
Read MoreThe Not So Convenient Consequences of Robbery in Orange County (Penal Code 211)
The Not So Convenient Consequences of Robbery in Orange County (Penal Code 211) A classic example of robbery involves the holdup of a convenience store. A robber pulls a gun (even if the gun is unloaded or is actually just a toy gun) and demands money from the clerk. Apologizing for robbing someone may make you feel better, but this doesn't lessen the severity of the crime. Take a look at…
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