Legal Question in Criminal Law in California

Screenplay Question on Legal Fine Point

SIRS:

If a crime is proposed -- in this case

armed robbery -- but not

consummated, and the perpetrators

offer a mitigating defense after the fact,

does that still constitute intent? (i.e., if

they claim their intention was not

robbery but, rather, drawing attention

to themselves) Is attempted robbery a

lesser crime than robbery? Are their

additional factors that can lessen the

charges filed -- e.g., if perpetrators use

guns which are specificallly not loaded?

Thanks.


Asked on 12/01/06, 8:44 pm

1 Answer from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: Screenplay Question on Legal Fine Point

Well...developing screenwriter///

Intent to steal is a necessary element of Robbery...taking by force or fear from/or from the immediate presence of another... a proven "no intent to steal" defeats a 211, may not defeat the 245...Assault w/a deadly weapon...in neither case is the fact the gun is unloaded a determining factor for the "gun enhancement" but it can be a circumstantial fact of no intent to steal and/or no intent to assault, unless it's used as a club....

I've written screenplays myself...no luck, hope you do better...

Best

DJM

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Answered on 12/01/06, 9:16 pm


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