Mario Chavez, 22, was arrested in connection with the robbery of a smoke shop. According to San Diego Police, Chavez went into the Cherokee Point smoke shop located and used a knife to rob the store. The SDPD got the call about the robbery after 11:30 p.m., and Officer Robert Heims responded to the crime scene.
Chavez reportedly walked into the shop and requested many items from the display. After he made his selections, he took his knife out and approached the clerk. He then demanded a lighter. While Chavez was still in the store and standing at the counter, the clerk alerted authorities. When the SDPD arrived, Chavez was still in the smoke shop and the police arrested him. The SDPD took Chavez to the San Diego Central Jail at approximately 3:40 a.m. where he was booked on suspicion of robbery.
Robbery in California
Under California Penal Code 211 PC, when you are charged with robbery you have taken property that belonged to another party against the other party’s will and by means of force or fear. Robbery is considered a felony in California and convicted individuals could be looking at as much as nine years in state prison.
You will need an effective legal defense strategy to combat your robbery charges. Some of the most common defenses against a robbery charge are:
- You were not trying to do anything mischievous by taking the property because you believed you had the right to do so. For example, a friend says they are going to give you an item they no longer need. You agree to accept it and then you go to their home to pick it up but they are not home. You go to take the item, but their roommate is home and tries to stop you from taking it. A struggle over the property ensues, and you use force to pull the object away from the roommate. The roommate does not know that you were told you could have the object, which is why there is a struggle.
- You are innocent of the crime because it was not you that committed the crime. You were mistakenly identified as the criminal.
- You did not use force or fear to steal property. An example would be if you sat by another party, and when the other party set down their purse, you picked it up without them seeing and walked away. Yes you were near the other party and you stole, but you did not use force or intimidation to do so.
- You were falsely accused of stealing property.