Huntington Beach, CA asked in Criminal Law for California

Q: Can I get charged with robbery if I was with my friend when she pulled out pepper spray on a LP at a store?

Thanks

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Wow, this would make a great Law School exam question, but you probably don't want to hear that. Several factors at work here, first you need to discuss this with your own attorney and not post this on a public website where the police can take this information and use it against you as an admission. Next, there are these things called "accessorys" like in accessory before the fact, accessory and accessory after the fact. An accessory can be charged with all the elements of the crimes that are committed, whether they actually commit them or not, for as long as they are participating and have not abandoned the criminal enterprise. You make it sound like the two of your were in it together, so the loot is taken as belonging to both of you, together. The authorities don't have to split things up. What if you had some "stuff" for your friend and vice versa, how do you divide it up? You could also be charged with assault and battery or attempted A&B because your friend was in it with you and her actions benefited you.

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