Legal Question in Criminal Law in California

Re: Robbery vs Shoplifting

The petty theft was turned into a robbery when you used force and violence on the security guards when they attempted to stop you. You should definitely contact a highly qualified attorney to handle this matter. As a Former Deputy District Attorney we have handled 100's of these cases and, I'm sure we are able to handle a matter such as yours. David Wallin at www.wallinlaw.com

Re: Robbery vs Shoplifting

I agree with the previous three answers. I want to add that your schizophrenia is unlikely to help you beat the charges. Unless you were legally insane -- meaning you could not distinguish between right and wrong -- your mental illness will not prevent the jury from convicting you.

That you may have settled a civil claim with the store does not bar the prosecution. In theory you could have worked out a "civil compromise" which would have resolved both the civil and criminal aspects of the case, but that evidently isn't what you did.

A lawyer might have been able to get you such a compromise, but it sounds like you tried to handle this yourself. That was a big mistake, since your payment may now be admissible against you in court as evidence that you acknowledged taking the merchandise.

You need to get a lawyer now before you make any further mistakes and make matters worse than they already are.

Re: Robbery vs Shoplifting

You're potentially facing robbery because of the use of force. It's called an Estes robbery.

These carry the same potential punishment as any other robbery and are strikes under the Three Strikes law.

They can be beat, though. There are specific issues that may get this back to a petty theft misdemeanor. You definitely need an experienced criminal attorney in your area. See the link below for more information.

http://www.joedane.com/featured/robbery-orange-county-defense-lawyer/

Re: Robbery vs Shoplifting

Will this hold up? There is nothing to prevent it in what you said. Get yourself an attorney.