Legal Question in Criminal Law in California

My friend is in custody for stealing liquor from liquor store.

They are trying to charge him with robbery,

even it wasn't - he didn't hit anybody or broke anything.

Witness was a undercovered agent in the store, who asked him to show his documents, he refused and raised his voice.

Public attorney advise him to take robbery charges with 1st strike.

My friend is not US citizen, but has a legal status withholding of removal.

Should he go for trial and try to prove that he didn't commit robbery?


Asked on 10/17/09, 8:25 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Your friend may be guilty of robbery even though he didn't hit anyone or break anything. Robbery is the taking of another person's property, from the person's possession or immediate presence, through use of force or fear. In other words, it would be enough just to scare the store's employees in order to take the liquor. Depending upon what your friend said and other circumstances, raising his voice may have been enough to reasonably make the employees fearful.

Your friend should get a lawyer and ask her whether to take a deal (assuming the D.A. is willing to give him one) or go to trial. His own lawyer will have a much better grasp of his case then this website can provide, and will also know more about the judge, the prosecutor and the local jury pool. All of these things have to be taken into account when deciding how to proceed.

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Answered on 10/17/09, 9:28 pm


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