Robbery: Defense Theory That Force Was Incidental
September 21st, 2015

The question whether a crime was robbery or grand theft-person frequently arises. The Related Issues section cites a case noting that the force required for robbery must be more than the incidental touching necessary to take the property. (People v. Garcia (1996) 45 Cal. App. 4th 1242.) Where the issue of whether the force used qualified as a robbery or only qualified as grand theft-person, defense counsel should draft an instruction explicitly explaining this difference. If there is any substantial evidence presenting this issue, the court should give an instruction on that difference. (People v. Panah (2005) 35 Cal. 4th 395, 484.)

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