Posted By The Law Offices of Jacqueline Goodman || 29-Apr-2014
A San Clemente man was arrested Monday after an Orange County sheriff's deputy allegedly recognized him while reviewing video surveillance of an attempted robbery.
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 filed.
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.