Does punching a security guard constitute an attempted robbery?

California, United States of America


The following excerpt is from People v. Lemus, B271416 (Cal. App. 2017):

(People v. Estrada (2006) 141 Cal.App.4th 408, 416 [in action in which the defendant was charged with attempted robbery, rather than robbery, his "act of punching the store's security officer, in an unsuccessful attempt to thwart him from detaining defendant and regaining control over the items that defendant had unlawfully taken from the store, constituted attempted robbery"].)3

Other Questions


What constitutes a robbery and an attempted robbery? (California, United States of America)
Does the use of force to prevent a security guard from regaining possession of property constitute a robbery? (California, United States of America)
When a defendant is convicted of a felony murder based on robbery, can he stay the sentence for the attempted robbery of the victim? (California, United States of America)
What is the test for aiding and abetting in an attempted robbery and attempted murder? (California, United States of America)
Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
What is the difference between a robbery conviction and a conviction for assaulting a security guard in a parking lot? (California, United States of America)
Does a defendant's failure to request a pinpoint instruction on voluntary intoxication as it applied to an attempted robbery constitute prejudicial ineffective assistance of counsel? (California, United States of America)
Does choking during a robbery constitute an assault for the purpose of facilitating the robbery? (California, United States of America)
What is the mental state element required for a first degree felony murder based on robbery or an attempt to commit robbery? (California, United States of America)
Is there an exception in the law where a defendant who repeatedly hits an elderly man on the head with a two-by-four while carrying out a robbery can be punished as attempted murder and/or robbery? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.