A second Orange County Kohl's store was robbed in a period of just two days. The first Kohl's robbery occurred in Cypress where the suspects are still at large. The first robbery involved two women who stole $520.00 worth of cologne and silver jewelry. The second robbery involved a man who used a weapon to steal jewelry from the Irvine Kohl's. No gun, however, was ever recovered. Police utilized a "reverse 911 call" to warn Irvine residents to stay indoors as police searched for the suspect on the afternoon of February 25th. Two schools were also locked down. Police have now apprehended a suspect who they believe to be the one who carried out the armed robbery (Penal Code Sections 211 and 245(a) (1)). He was found walking in the courtyard of an apartment community in Irvine. No estimate of the stolen goods has yet been given.
Criminal Law Updates by William W. Bruzzo (714) 547-4636
An ordinance, adopted January 2009, in the city of Lancaster in Los Angeles County is seeing positive results after imposing stiff penalties on dog owners. Owners of "potentially dangerous" and "vicious" dogs such as pit bulls and Rottweilers are prevented from using their dogs to bully people or cause physical harm to others.
Since the passage of the law, the Los Angeles County Department of Animal Care and Control impounded 1,138 pit bulls and Rottweilers and of those, 362 were voluntarily surrendered by owners.
Lancaster's Mayor, R. Rex Parris, said that a year ago "these individuals delighted in the danger these animals posed to our residents, often walking them without leashes and allowing them to run rampant through our neighborhoods and parks." According to Parris, Lancaster is a lot safer now since the ordinance was passed. Parris said there was a 45% drop in Lancaster's violent gang crime, which includes homicide (Penal Code Section 187), rape(Penal Code Section 220), robbery (Penal Code Section 211) and aggravated assault (Penal Code Section 245(a) (1).
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Investigators at the Orange County Sheriff's Department as well as the FBI are investigating a strange robbery that occurred at a U.S. Bank in Lake Forest, Orange County on January 11th. A man wearing a bicycle helmet went inside the bank and held a teller at gunpoint while demanding cash. He handed the teller a note and then took the note back and left the bank. He was not seen getting into a vehicle or, more importantly, on any bicycle.
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." The fear may be either that of an unlawful injury to the person or property of the person robbed or of any relative of his or member of his family; OR the fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery.
Because the U.S. Bank teller was held at gunpoint, he/she was most likely placed in fear of his/her life, thereby constituting a robbery. When no force or fear is involved in the taking of personal property, it is simply a theft, carrying a less serious punishment.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
A man and a woman were arrested for committing a string of robberies in Santa Ana while impersonating police officers. Robbers were acting like cops. The individuals suspected are charged with robbing nearly $2,000 from five victims during four separate incidents in one month. Police are still looking for the third suspect.
During the robberies, one of the suspects was wearing a security-type uniform and carried a handgun. The other suspect wore all black clothing and a jacket that said SECURITY. Santa Ana Police Commander said, "The suspects' demeanor was that of police officers and the victims did not realize they were being robbed until the suspects fled with their money."
Robbery, a felony, may be punished by 3 to 6 years in State Prison. 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. Fear means fear of injury to oneself or the person's family or property or to someone in one's company. The value of the property taken does not matter.
An important element for robbery to be established is force or fear. Only an experienced criminal defense attorney can present a robbery defense by demonstrating that no force or fear was used to take the property or to prevent the victim from resisting. See also Penal Code Sections 211, 212.5 and 213; Criminal Law Updates from the Law Offices of William W. Bruzzo (714) 547-4636
