Legal Question in Criminal Law in California

A person is charged as 2nd grade robbery

What are the elements to organized a charge of 2nd grade robbery?

The fact is:

''A person'' was driving in the community around 5 am. early in the morning before sun raise. ''This person''saw a specious man walking on the street with a backpack. ''This person'' and his new known friend tried to stopped the specious and asked what he is doing. After 3 times of stop. The specious finally pulled out a gun and said he is a cop going to work. Then '' the person'' was arrested.

That time the intention of ''the person'' and his friend was just want to exercise the citizen's responsibility of neighborhood watch. But he is now ended with a charge of 2nd grade robbery with a jail time of 16 months made by policestation. Soon the trial will be at end of this month.

That morning ''the person'' was diving a Merced Benz, has good jon and had nearly 1000 dollars in his wallet. He had no weapeons with him. He did not say a word of like this '' giving me your money or things..''. He just want to exercise the neighborhood watch.

We all knew this is a wrong charge . We want to gather all information and defense '' the person''.

We really want to know what are the necessary elements to organized the charge of robbery.


Asked on 1/18/08, 4:40 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: A person is charged as 2nd grade robbery

Unless you are an attorney, you don't get to defend him. If you were an attorney, you'd know that all the legally admissible testimony and evidence [whatever might exist] will have to be presented at trial, and the prosecutor's evidence and witnesses cross-examined and rebutted as best as possible. If your friend is foolish enough to think he can defend himself using only free anonymous advice, when he's facing prison time, pray for him. If he doesn't have an attorney, he is going to get steam-rollered by a professional prosecutor experienced in convicting defendants. If your fried decides to get serious about getting the legal help he needs, have him contact me. He may have defenses, he may be able to avoid jail, but only if he gets someone to handle this right.

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Answered on 1/18/08, 5:08 pm
Allen Farshi Law Offices of Allen Farshi

Re: A person is charged as 2nd grade robbery

Unless you are an attorney, knowing the elements won't be of anyhelp. Criminal cases are very fact driven, and I would need all the facts from the so called "person" before I could consider a defense. Assuming he is not being represented by the Public defender call me. Note: assuming this person is not a U.S citizen these charges or even similar charges with a reduced sentence and an offer of probation will result in his deportation.

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Answered on 1/21/08, 1:24 am


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