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

A recent case in Arizona had a father leave his infant child in the vehicle while he went to work for an hour and smoked marijuana with a friend. The outside temperature was at 100 degrees meaning inside the car it was even hotter. The child was non-responsive when the father found him and efforts to revive the baby failed. He was pronounced dead at the hospital. This man will probably be charged with manslaughter.

Sometimes parents in a hurry will leave their children in a car while they run an errand. This is never a good idea no matter how inconvenient it is for the child to go with the parent. I also hear parents say they left the child in the car because he was napping and they locked the doors. The problem with this is that the child could be subject to harm from heat in the car or other injury; also, what if something happens to the parent and no one knows that a child is alone in the car? Regardless of the reason, in Orange County, unattended children left in vehicles even for short periods of time can result in an arrest for Penal Code Section 273(a) b. Obviously this is a very ugly charge since it falls under the child abuse statute.

In some cases I have been able to get the case dismissed if there are factors in mitigation like the parent was relatively close by and the time the child was left alone was relatively short. Also, the fact that the child was napping may be something considered in mitigation although it is not a defense. A poorly thought out decision is better then no thought being given to leaving the child unattended. Often passersby will see the child unattended and contact authorities. Taking parenting classes also often helps get a favorable result.

The bottom line is that regardless of the season infants should never be left unattended in a car and older children should only be left unattended if they will not be harmed or harm themselves.

In the state of California sex between one individual and a person who is under the age of 18 years is known as ‘Unlawful Intercourse’ under Penal Code section 261.5. This crime is commonly known as ‘statutory rape.’ Presumably, that description came about because regardless of whether the underage person gives consent, it is still a violation of the law to have intercourse with them. This law only applies to actual intercourse and not oral sex or anal sex. The laws regarding oral and anal sex with underage individuals are much harsher, almost always felonies and usually require sex registration. A conviction under Penal Code Section 261.5 does not require sex registration.

Sex between someone over the age of 18 and someone under the age of 18 where there is three years or less of age difference may be filed as a misdemeanor under Penal Code section 261.5(b); if there is more than a three year age difference the crime may be filed as a misdemeanor or a felony (Penal Code Section 261.5(c)). If the Defendant is 21 years or older and the minor is under 16 then the maximum punishment may be four years in state prison although such a long sentence is very unlikely (Penal Code Section 261.5(d).

The most perplexing issue surrounding Penal Code Section 261.5 for most people is that although it prohibits intercourse with a minor it does not require registration as a sex offender. This seems inconsistent with other Penal Code Sections that require life time sex registration for oral sex between an individual and someone who is underage.

More than likely this inconsistency arose from puritanical notions on sex which found oral sex deviant. Legally however, the California Supreme court saw this legal inconsistency as being a violation of the equal protection clause of the constitution and determined that oral sex with someone who was 16 or older should not be registerable under Penal Code Section 288. (See People v. Hofsheier (2006) Regardless, violations of Penal Code Section 261.5 are not registerable and that fact has led to other penal code section violations not being registerable.

As a practical matter, it is possible for two individuals in high school engaging in consensual intercourse that result in the one who is 18 being charged with Penal Code Section 261.5. For example, if an 18 years old high school senior has sex with his 17 or 16 year old girlfriend he can be charged with this crime. It is rare when this occurs and of course the District Attorney has discretion whether or not to file the matter. Usually when a filing does occur in this instance it is because the parents of the younger individual wish to discourage the relationship or the younger female has become pregnant and the parents are outraged. Often times, it is the angry parents who spur the District Attorney into action. Similarly though, parents of the younger person may be persuaded to ask the District Attorney for leniency since few realize that these charges can result in jail. Other times, the Defendant agreeing to a paternity test, which will then result in support payments, may soothe a parent up-in-arms over the unexpected pregnancy of the minor.

Attorney Will Bruzzo has successfully handled many Penal Code Section 261.5 cases to include complete dismissals.

The new theft case brings Ms. Lohan’s legal problems up a notch because now she can be charged with a felony and faces a maximum of three years in prison for the offense. While it is very unlikely that she would serve anything close to the maximum time in prison, her past record of violating her probation and generally failing to comply with the terms of her probation could subject her to a much harsher sentence then a first time theft offender. See Penal Code Sections 459, 487(a), 240-242.

The caretaker had been in the house, ran outside at the first sound of the shots, and ran back in after hearing a few more gunshots. Inside the home she discovered the bodies of the 72 year-old woman and 77 year-old man. Homicide(California Penal Code 187) is on the table, but the coroner and Orange County Sheriff have yet to report anything official. See, also Domestic Violence, 273.5(a).

The painter Thomas Kinkade, was recently arrested on suspicion of driving while under the influence(California Penal Code 23152(a)(b)). Kinkade’s popular paintings of American landscapes and cottages have graced the homes of many and made him into one of the most-collected artists in America.

Kinkade was initially pulled over by California Highway Patrol for not having a front license plate on his Mercedes. However, because of the odor of alcohol emitting from his person, he was given some field sobriety tests. After failing those, he was arrested and later released on bail.

Kinkade’s unfortunate arrest came just two weeks after one of his companies filed for bankruptcy in San Jose. See, Penal Code Sections 23152(a), (b).

The University of California at Irvine (UCI) located in Orange County California has suspended a Muslim student group from campus for one year. The basis for the suspension arose from multiple disruptions of a speech given by the Israeli ambassador to the United States by members of the Muslim Student Union (MSU), a Muslim student group from UCI. The speech occurred February of 2010 and a recently completed investigation by the University found that the MSU had planned the disruptions and even planned what each person designated to disrupt would say.

The MSU can still appeal the decision to UCI personnel. Each of the people who disrupted the proceedings was led away by law enforcement. It is unknown whether they were individually charged with criminal acts for the disruptions. Under California Penal Code Section 415 an individual may be charged with disrupting the peace with loud noises. Video of the speech shows Ambassador Oren having to stop because of the disruptions several times and it is reported he abandoned a question and answer session scheduled for the end of the speech as a result of the disruptions.

While individuals may be charged with violations of criminal law for what may be argued is a demonstration of a political point of view, it is less clear that a group can be suspended because some of its members violated the law or conspired to disrupt the proceedings. For example, if members of the Republican Party were to disrupt a town hall meeting held at UCI to discuss health care reform, it is unimaginable that the Republican Party would be suspended from participating in group activities on campus. Similarly, it would seem that the constitutional right to association and the constitutional prohibitions against discrimination based on ethnicity and religion would cause the suspension of the MSU to be an unconstitutional act by a state institution. In constitutional law lingo a suspension in this case would be deemed an ‘overbroad’ remedy and therefore unconstitutional. See, Penal Code Section 415.

A two-month-old English bulldog was taken from a 15-year-old boy in Los Angeles County on May 5, 2010. The man who committed the act is now being charged with second degree robbery in connection with the alleged “puppy-napping.” According to California Penal Code Section 211, robbery is 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.” Robbery of the second degree is punishable by imprisonment in the state prison for two, three, or five years according to Section 213(a) (2). Albiter was arrested when he took the boy’s puppy from him and after the young boy wrote down Albiter’s license plate number. The next week, police tracked the puppy to Albiter’s home. The puppy was not harmed and was subsequently returned to the family. Albiter was later released on a bail of $50,000.

In en effort to combat delinquency Buena Park Police Department and other agencies conducted a curfew violation sweep. According to the Orange County Register officials arrested 10 minors, two suspected of possession of ecstasy pills, and one convicted of a sex offense. Along with the BPPD, counselors from Community Service Programs Inc. were involved to lend services. The minors were taken to the police station and their parents were called to come pick them up. Then officials from the Probation Department and District Attorney’s office spoke to the parents about the curfew laws. Curfew hours are from 10pm to 5am in Buena Park. See Penal Code Section 602, Health and Safety Code Section 11378.

An Orange County man was cited by the Sheriff’s Department on April 2nd for leaving his 11-month-old son in the car while he ran into a Trader Joe’s store. Police received a call at 9:43 a.m. regarding a baby left in a van. Deputies found the sleeping boy alone in the vehicle when they arrived on scene at 9:45 a.m. The father returned to his car just minutes later at 9:48 a.m. with some grocery bags in his hands. He said he did not want to wake his son, so that’s why he had left him alone in the car. Child Protective Services (CPS) was informed of the incident as well and will be conducting an investigation. Fortunately, the child was not taken into protective custody at the time and was allowed to go home with his father.

Another case was recently reported of a woman who left her 4-year-old watching a movie unattended in a Range Rover at The Shops at Mission Viejo while she went into the mall. Parents should be careful of leaving their children unattended as they can be charged with child endangerment under California Penal Code Sections 273a (a) or 273a (b). This crime occurs when an individual places a child in a dangerous situation or allows a child to be placed in a dangerous situation without taking steps to protect the child. Because a child left alone in the car could die from heat or be abducted by passerby, it could be considered a “dangerous situation” to leave the child alone in a car.

19-year-old Daniel Moreno has been charged with cruelty to animals for stomping on a California brown pelican’s beak at Newport Beach pier after it tried to take his fish. Under California Penal Code Section 597, the offense may be filed as a misdemeanor with up to one year in jail or a felony carrying prison time, both with maximum fine of $20,000.

After the incident, the pelican was taken to the Huntington Beach care center, where it is now recovering from a broken beak. Moreno was taken into custody for his actions. He is scheduled to appear in court in Orange County on April 5th.