On Monday April 28, a San Clemente man was arrested after being viewed in surveillance footage and recognized by an Orange County sheriff’s deputy. The man was allegedly attempting to rob a CVS Pharmacy just before 5 p.m. in the 600 block of Camino De Los Mares, according to a news article at the Orange County Register. The man, whose name was not revealed in news reports, allegedly had a handgun in his waistband as he attempted to get the pharmacist to give him drugs, according to Lt. Steve Gill of the OC Sheriff’s Department. Instead, the pharmacist and suspected robber became involved in an argument, which led to the suspect leaving the store empty handed. A deputy who was later viewing surveillance footage of the CVS attempted robbery recognized the suspect as someone he had encountered in the past, according to Gill. Authorities went to the suspect’s home; after positively identifying the man through witnesses, he was arrested. Deputies also recovered the handgun that was believed to be the gun used in the attempted robbery. The suspect was booked into jail on Monday evening. What will the suspect likely be charged with, if anything? It really hinges on whether the man has a prior criminal history, and the decision of the district attorney. Robbery is a felony offense that if convicted, will leave the defendant facing between two and nine years in prison. In the majority of cases, the penalties a defendant will face for attempting to commit the crime of robbery are approximately half of the penalties for actually committing robbery, so the suspect could fact between one and 4 1/2 years in prison. Of course there are exceptions, and the outcome of this case will depend on additional details not made public. The crime of robbery in California, according to CA Penal Code 211, involves using force or fear to take another individual’s property from his or her presence or person. Because robbery generally involves threats, violence, or force, it is considered a violent criminal offense. Increased penalties may be applicable in cases where the defendant is accused of possessing or using a weapon or firearm either in the attempt or actual commission of the crime. Anyone who is accused of robbery or attempted robbery should consult with a capable criminal defense attorney early on; in fact, this is one of the most vital steps a suspect can take to protect his or her freedom and future. Although the suspect in this case was identified by an Orange County sheriff’s deputy and others, it does not presume his guilt. In fact, the U.S. Constitution protects individuals who are suspected of crimes by presuming all who are accused are innocent until proven guilty. In order to be found guilty of attempted robbery, the prosecutor will have to prove all elements beyond a reasonable doubt. Be sure your legal rights are not violated and that you have the best possible chance of obtaining good results by contacting a highly experienced Los Angeles criminal defense lawyer. Regardless of the evidence, there are legal options that can minimize the damage to a defendant’s reputation, career, and future.