A San Clemente man was arrested Monday after an Orange County sheriff's
deputy allegedly recognized him while reviewing video surveillance of
According to the Orange County Sheriff's Department, a man with a handgun
in his waistband entered a CVS Pharmacy in the 600 block of Camino De
Los Mares in San Clemente around 4:45pm. The man subsequently tried to
get drugs from the pharmacist, and an argument ensued. The man ended up
leaving without any drugs or money.
As a deputy then reviewed the surveillance footage from the incident, he
said he recognized the man as a person he had previously encountered.
Authorities went to the man's nearby home and made an arrest after
he was positively identified by witnesses. Deputies recovered a gun they
believe was used in the attempted robbery, and the man was booked into
the Orange County Jail on Monday night.
Depending on the suspect's prior criminal history, if any, and whether
the district attorney decides to press formal charges, this man could
face anywhere from one to four-and-a-half years in state prison. Pursuant
to California Penal Code § 211, robbery is a felony offense punishable
by two to nine years in prison. Penalties for an attempted crime are often
half the normal penalties for the actual offense. There are exceptions
and variations, however, which may be addressed on a case-by-case basis.
Attempted Robbery Charges in California
Under CA Penal Code § 211, robbery may be defined as taking another's
property from their person or presence by force or fear. This is considered a
violent crime because it is committed with force, threats or actual violence. When a
suspect is accused of carrying or using a firearm in the attempt or commission
of a robbery, he or she may face increased penalties.
There is no question that attempted robbery charges are extremely serious,
and involving an attorney is one of the most important steps that a suspect
or arrestee can take. In the above case, the suspect was arrested after
a sheriff's deputy and other witnesses identified him. This does not
immediately make him guilty. He still has constitutional rights and should
be presumed innocent until proven guilty. The prosecution will have to
prove his guilt beyond all doubt in order to secure a conviction.
Our criminal justice system is certainly not without fault, but it was
designed to offer certain protections to defendants. A criminal defense
attorney's duty is to ensure a defendant is able to take full advantage
of these protections through every step of the process. When defendants'
rights are violated or law enforcement personnel commit wrongdoings in
an overzealous attempt to secure a conviction, a criminal defense attorney
can use this to a defendant's advantage to avoid a wrongful conviction.
If you would like to learn more about your rights and the steps you can
take if accused of a crime, now is the time to involve an experienced
lawyer. At the Law Offices of Jacqueline Goodman, we offer aggressive
legal counsel to clients throughout the Orange County area in the face
of misdemeanor and felony criminal accusations and charges. We also offer
pre-file investigations to help clients fight charges before they are
Even when the odds seem stacked against you and the prosecuting attorney
appears to have an "open and shut" case, all is not necessarily
lost. Take immediate action to preserve your rights and find out how a
criminal lawyer at our firm can help you.