Oakland Resident Convicted of Pride Week Assault and Robbery (CA Penal Code 211 and 12022.7)

Rabin Nabizadeh
February 13, 2014

Unfortunately, assault and robbery are common enough crimes in the Bay area.  However, one such instance that has gained quite a bit of notoriety in the media is that of the attack on a woman during Pride week. Assailants robbed her of her cell phone and left her prostrate on the sidewalk. However, an Oakland man (name withheld in order to protect the privacy of the accused) decided that this was not enough.  As he was just about to walk away from the victim, he turned around and delivered a swift kick to her face.  Surveillance cameras caught the whole thing and the footage was used to identify the man.

He was convicted of two separate crimes (Assault and Robbery) and also received two separate sentencing enhancements for grave bodily injury.  In California, robbery charges is always considered a felony (CA Penal Code 211) Without enhancements, a person faces up to 9 years in prison for a first-degree charge.  However, when there are extenuating circumstances for a particular crime, sentencing enhancements may be added.   These involve additional time in prison and their terms are served consecutively, meaning that they are added on to the end of an already existing sentence.  Such enhancements include things like (CA Penal Code 186.22) criminal street gang enhancement, (CA Penal Code 12022.53) 10-20-life ‘use a gun and you’re done,’ and (CA Penal Code 12022.7) great bodily injury.  He was given great bodily harm sentencing enhancements for both and he will likely spend about 8 years in prison for his actions.

 

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