2 counts of 2nd degree robbery for walking out with merchandise at a store?

Asked 11 months ago - San Bernardino, CA

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The d.a is trying to give my boyfriend 2 years, is this most likely what will happen? Is there anything him or his public defender can do to prevent this? He doesn't have money for a lawyer
either. This is his first time in jail. Hes 19 & there were no weapons inbolved. Also his next preliminary hearing is on july 3rd.

Attorney answers (3)

  1. Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered June 21, 2012 16:04. There are no facts on here (as there shouldn't be, because the DA does look on here sometimes). But was some sort of force used during the taking of the property? Don't answer here. If he or his accomplice use force, than yes, 2nd degree robbery stands.

    Sometimes the DA tries to charge the defendant with robbery because they are running away. and use some force to get away. That is when things can get tricky...

    Elliot Zarabi
    www.FreeCriminalConsultationc.com
    213-612-7720

  2. Contributor Level 19

    1

    Lawyer agrees

    Answered June 21, 2012 16:06. There is no way to answer this question as we don't know the facts of the case and it is all dependent on the facts. There are many things his public defender can do to help him. This is something that your boyfriend should be discussing with his attorney.

  3. Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered June 21, 2012 16:08. As your BF has an attorney, he and the attorney will discuss the facts of his case. Your BF will make the decision to go to trial or not. Neither I not any other responder will second guess your BF's attorney. [The public defender is an attorney so you do not have to hire one].
    However, Robbery is very serious. The potential sentence is 2,3, or 5 years in state prison. It is a violent felony which means he would serve time at 85% of the sentence.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more

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