Theft Crimes: Theft By False Pretenses Is Not Robbery

Orange County criminal defense lawyers

Robbery is a serious theft crime. California Penal Code Section 211 defines robbery as “the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” Robbery is a very serious felony and is considered a strike offense in California. Moreover, it is NOT a “wobbler”—which is to say that it cannot be charged as either a misdemeanor or felony. It is only charged as a felony offense punishable by imprisonment in the California state prison.

Your Orange County criminal defense lawyer will tell you that one of the defining features of robbery is that the taking of property is done by using force of fear. For example, physically grabbing an object from another, such as a purse, would constitute robbery because force was used. Also, threatening someone or otherwise cause them to be in fear of their safety in order to get them to give up their property would also constitute robbery. But if force is used during the course of committing some other theft offense does not necessarily constitute the serious offense of robbery. For example, in the recent case of People v. Williams which was decided on August 26, 2013, a defendant was using bogus credit cards to buy gift cards from Walmart. The defendant completed the purchase when the clerk noticed something strange about the credit card numbers. Store security then tried to detain the defendant who used force to resist. The defendant was charged with robbery.

The defendant’s  criminal defense lawyer in Orange County argued that defendant did not commit a robbery, but rather he committed a theft by false pretenses. Once the defendant completed the transaction, the theft was complete. The force used by the defendant was used after the completed offense of theft by false pretenses. The court agreed and ordered the robbery charged dismissed in favor of the lesser offense of theft by false pretenses.

If you or a loved one is facing charges for theft, burglary, receiving stolen property, robbery or any other crime in the Orange County courts call The Law Offices of EJ Stopyro today at (949) 559-5500 for a free and confidential consultation. We have offices at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

criminal defense lawyers in Orange County