Legal Question in Criminal Law in California
Robbery
Hi,
My husband went out to a bar this Saturday and he started a figh with one of the neighbors. The neighbor had a friend with him who was an off duty cop. My husbands friend pulled a knife on our neighbors frind (the cop), so the cop pulled a gun out. The cop and my husbands friend struggled for the gun and eventually my husbands friend managed to take the gun and ran off with it. So they arrested my husband and 2 other of his friends (that had nothing to do with taking the gun away from the off duty cop) and charged them all with Robbery. My question is.... can they be convicted with Robbery even though they were not the ones who struggled with the off duty cop???
2 Answers from Attorneys
Re: Robbery
Your husband needs to consult with an experienced criminal defense attorney right away. In order for your husband to be convicted, they would have to show either that he and his friends planned/intended to commit the robbery (not likely on these facts) or that he assisted the impulsive robber before, during, or after the robbery. Your husband could be convicted under an aiding and abetting theory.
The obvious problem here is that the "victim" is a cop and it happened in Downey. This case needs to be thoroughly and promptly investigated. With each day that passes, valuable witness evidence may be lost.
Feel free to contact me to discuss this further.
Re: Robbery
Your husband needs to consult with a good criminal defense lawyer fast. This is a very serious charge involving a police officer as a victim. Chances are, this will be a long haul. That said, the facts are definitely on his side in terms of his ability to defend against a robbery charge.
Getting a lawyer fast is critical in terms of preserving witnesses and evidence as well as making an effort to have the charges reduced to something other than robbery before they are even filed.
Feel free to contact my office for a free consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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