My boyfriend being accused of attempted robbery?

Asked about 1 year ago - Modesto, CA

He was pandhandling in july and he asked a guy and thst guy got mad so he went up to my boyfriend and pushed him. So it started a fight and the man called the cops and my boyfriend went to jail for voilation of probation and battery. And got cited out that night well now in september the d.a picked up charges and now is accusing him of attempted robbery hows this

Attorney answers (4)

  1. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Use of force to take someone's property from their immediate presence. If he didn't take anything then he wouldn't have been charged with robbery. If he tried to take something, but didn't then it's attempted robbery. Appears all of the facts are not in this fact pattern. Good luck.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  2. Mark A. Broughton

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . The DA reviewed the police reports and decided to file the charges. Doubtless, he read a different version of the facts than you recited here; his version is that your b/f tried to take something from the other guy by using force. Whether the case can be proven is another matter. The case could settle for an admission to a violation of probation. Many times, the VOP is more problematic than the new/underlying charge.

  3. Sebastian A. J. Davies

    Contributor Level 9

    2

    Lawyers agree

    Answered . This is a complicated situation. You will not want to have him represent himself. Typically a public defender can be acquired in a case involving attempted robbery. You should really get in touch with the public defenders office or a private defense attorney.

  4. Vikas Bajaj

    Pro

    Contributor Level 11

    Answered . Robbery is a theft effectuated by violence of some type. This is a very serious charge. He needs an aggressive attorney to contest the legal basis for robbery during the preliminary hearing.

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