Online Date Results in Robbery for San Francisco Man (CA Penal Code 211)

Rabin Nabizadeh
June 4, 2014

Since the inception of the Internet, there have always been naysayers.  First, there was the scare about ‘Internet addiction,’ then horror stories from those whose online dates went wrong.  Still, even in 2014, when people are more aware than ever about Craigslist scams and other cons, one S.F. man hadn’t quite figured that out.  He found a woman online and set up a late-night date with her.  When he met her close to Mission Street and College Avenue, she wasn’t alone.  Allegedly, she and several co-conspirators proceeded to pull a gun on the 30-year-old would-be Internet Casanova , and took his cash, wallet, and cell phone.  The robbers drove off, but all 5 of them were taken in for questioning, but have yet to be arrested.

In California, it is only considered ‘robbery’ if you take someone else’s property by the use of force and/or threats (CA Penal Code 211).  One additional factor is that you must have taken the person’s property directly from them, face-to-face and, of course, against their will.  Robbery is always considered a felony and could result in a punishment of up to 9 years in state prison.  Most importantly in this case, there may be sentencing enhancements.  Specifically, due to the fact that the assailants are accused of having robbed the man at gunpoint, anyone accused of using a gun in the commission of a California crime could be charged pursuant to CA Penal Code 12022.53 (otherwise referred to as the “10-20-life ‘use a gun and you’re done’” law).

If you used a gun during a robbery, you could face a sentencing enhancement (in addition to the original sentence) of up to 10 years in state prison; if you actually fired a gun during the commission of a crime, you may be looking at 20 years in prison.  Finally, if you seriously injure another person or kill them during he course of the commission of a crime, you could face life in prison.

 

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