Oakland Jewelry Store Robbery: Legal Analysis by Attorneys Andy Marcantel and Rachel Moss
May 03, 2024
Video footage shows six masked intruders breaking into a family-owned jewelry store. Five of the intruders are armed with hammers – one carries a gun. As they smash the glass jewelry case, the store owner, Diane, screams for help. Diane’s husband quickly arms himself and confronts the robbers. Faced with an armed defender, the intruders flee without firing a single shot. Criminal defense attorneys Andrew C. Marcantel and Rachel Moss discuss the robbery in Oakland, California.
“What if this hadn’t been on video? What if that video camera was either off or grainy or pointed at different direction or something . . . this would just be another crime statistic.”
– Attorney Marcantel
Background
The store has been in Diane’s family since the 1980s, and Diane’s father was shot and killed during a similar robbery at the same store. This history explains why the family keeps firearms on site for protection. Despite repeated break-ins and the fatal shooting of a family member, Diane and her family remained determined to stay.
Understanding Self-Defense Laws
The attorneys discuss self-defense laws and how they apply to this specific incident. They outline three major principles: self-defense v. defense of property, imminent threat, and reasonable belief.
Self-Defense v. Defense of Property: Deadly force is rarely justified to protect property. However, if a person reasonably fears imminent serious bodily harm or death, deadly force can be lawful. California law, unlike Texas, does not permit deadly force to protect property alone.
Imminent Threat: For deadly force to be justified, the threat must be an immediate threat of death or serious bodily injury. For example, a distant verbal threat is not enough to justify the use of deadly force.
Reasonable Belief: An individual’s belief in the necessity of deadly force must be reasonable, which is what a typical person in that situation would believe.
Legal Analysis of the Incident
Surveillance footage shows the six intruders entering with hammers raised and one brandishing a firearm. Attorney Moss emphasizes that this could reasonably be interpreted by the store owner as an imminent threat of deadly force. Therefore, if Diane had pulled out a gun and shot any of the intruders, she would be able to argue she was legally justified in doing so.
“If somebody’s pointing a gun at you, that is almost guaranteed that you’re going to be justified shooting that person, even if it’s a fake gun.”
– Attorney Marcantel
The attorneys emphasize that the justification for using deadly force becomes more complex once the intruders shift their focus from threatening the owners to destroying property. However, they believe the owners would still have a strong legal defense if they had chosen to use deadly force.
Diane’s Husband’s Role
Diane’s husband exited the back of the store while armed. His presence was enough to scare the robbers away. The attorneys agree that he would have been justified in pointing his gun at the intruders, since they were also carrying deadly weapons.
“He didn’t go beyond any force that was necessary, he didn’t actually fire the firearm.”
– Attorney Moss
However, there are limits to displaying a firearm defensively in order to deter violent criminals. The attorneys warn that once an intruder retreats and no longer poses an imminent threat, shooting at them could bring forth legal consequences. The use of deadly force must always be proportional to the level of danger.
Media Silence on Positive Outcomes
The attorneys express that successful acts of self-defense like this rarely receive positive media attention. The media tends to focus more on negative firearm stories than on lawful use of force.
“Why is this not all over the news in the most pro-gun spin possible? This guy’s a hero!”
– Attorney Marcantel
The attorneys urge viewers to support stories of lawful self-defense, learn their legal rights, and consider legal self-defense coverage programs like those offered by The Attorneys On Retainer (AOR). If you’re interested in learning more about our program, AOR, please call 866-404-5112 or email us.
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