What is the test for establishing "immediate presence" in a violent assault case?

California, United States of America


The following excerpt is from People v. Le, G055182 (Cal. App. 2018):

p. 222.) People v. Estes (1983) 147 Cal.App.3d 23, 27 (Estes), established the victim's presence after the taking was in progress would be sufficient to establish the "immediate presence" element. In that case, a department store security guard saw defendant shoplifting clothing inside the store and attempted to stop defendant after he left the store without paying for the items. (Id. at p. 26.) Defendant swung a knife at the security guard and threated to kill him. (Ibid.)

Other Questions


What is the evidence of callous disregard for human suffering in an assault case where an assault victim was taken to a remote part of the country by his ex-partner's partner, who was not charged for the assault? (California, United States of America)
What is the definition of "immediate presence" in a sexual assault case? (California, United States of America)
Is there a distinction between a homicidal assault case and a non-homicidal assault case? (California, United States of America)
What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
How have the cases of two separate sexual assault cases been determined to be cross-admissible under section 1101 of the Criminal Code? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
What is the test for establishing a reasonable doubt in a sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
What is the relevant case law in the context of sexual assault cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.