Fremont Man Robbed by Hired Prostitute (CA Penal Code 211)

Rabin Nabizadeh
February 17, 2015

Recently, a woman that a Fremont man made contact with through the use of an online prostitution site used the meeting to swindle him out of a whole lot more than the price he would have paid for an evening of sex.  According to the man, earlier this month, he set up a meeting with a woman that calls herself  “Krissy” (her alias on a specific prostitution site).  Not long after he picked her up and took her to his home, however, he began feeling drowsy.  He claims that the next thing he knew, he was tied up and being threatened by several of “Krissy’s” buddies, 3 others to be exact.  The 4 suspects took nearly everything the man owned, including his cash, more than one laptop, and some valuables.

California law is clear concerning incidences like the one described above.  The actions of the 4 suspected criminals fall under the legal category of ‘robbery’ (CA Penal Code 211).  ‘Robbery’ includes the taking of any personal property of another, but this must be accomplished in the presence of the person who is being robed and must be against their will.  In other words, whereas ‘burglary’ might happen while the victim is not at home, robbery occurs while the person is in the immediate vicinity and is being threatened by the use of force or fear.

Violation of CA PC 211 is never considered a misdemeanor in California; it is always prosecuted as a felony robbery charge.  To that effect, there are subtle differences between 2 kinds of robbery, first-degree and second-degree.  In order to be considered first-degree robbery, the crime must take place in a building that is inhabited (or on a bus or other means of public transport or at an ATM).  Second-degree robbery covers any other kind of robbery, like that of an uninhabited building.  First-degree robbery of the kind in the case above could mean that each of the alleged assailants might spend up to 9 years in state prison.

 

latest news

January 10, 2023
When You Are Not the Father, But You Are the Suspect

Using genealogical research in solving crimes has become the new go-to for law enforcement agencies worldwide. When a suspect in a decades-old murder case is finally apprehended and brought to trial, the entire community, often the entire world, breathes a sigh of relief. Justice has finally been served. But how just is a criminal prosecution […]

January 10, 2023
Marsy’s Law: Vague Legislation and the Deprivation of Constitutional Rights

As a nation, we tend to react universally to particular catchphrases and soundbites. One term that gets our collective hackles up is the word “victim.” Everyone wants to support and appear sympathetic to the victim; no one wants to seem judgmental of a victim. We have gotten so adept at our collective tiptoeing that we […]

October 5, 2022
9 Steps in a Criminal Defense Case

If you’re in a situation where you are facing criminal charges, the criminal process can be confusing. The justice system has specific steps they follow. Whether federal or state, the prosecuting attorney has the challenge of proving guilt beyond a reasonable doubt. That means obtaining an attorney from a reputable law firm that understands the […]