Legal Question in Criminal Law in California

By my calculations it's 9 counts of kidnapping, a charge of robbery, and a charge of felony murder for each of the suspects. I can't fathom why you think any of these suspects' actions are "justifiable."

I'm not exactly understanding your question.

Justifiable? As in is there a legal justification? Justifiable in the law means with a legal excuse. Like a killing done in self-defense is justifiable homicide.

Or by justifiable do you mean can they be charged? Is there a legal basis to charge the other two suspects?

In the felony murder rule, all principals (that is, participants) in an inherently dangerous felony (and robbery is one of those listed inherently dangerous felonies) are responsible for any death that occurs and it will be charged as murder. Even unintentional and accidental deaths will be charged as murder.

For example, a guy goes to rob a liquor store with his hand in his pocket to simulate a gun. The clerk freaks out, staggers backwards and trips, hitting their head on the counter and they die. The guy who committed the robbery is charged with murder under the felony murder rule.

Second example: two guys to go rob a liquor store armed with baseball bats. The clerk freaks out, pulls a hidden gun and shoots one of the robbers. The second robber is charged with the murder of his co-conspirator under the felony murder rule.

I don't know what "9 felony charges" the other suspects are facing in your hypothetical situation, but they could face 9 counts of robber, plus 9 counts of false imprisonment (not kidnap, since there was no movement in your scenario) plus murder under the felony murder rule above.

I generally agree with Mr. Stone and Mr. Dane. Please note that the distinction between false imprisonment and kidnapping is that kidnapping involves making the victim move against his or her will. If the robbers ordered the victims to go to a specific place in the business and/or took them there by force, that would probably be enough to qualify as kidnapping.

Each of the two defendants could then properly be charged with one count of robbery (for the business) plus one additional count for each victim who was also robbed. The defendants could each also be charged with nine counts of kidnapping and one count of felony murder. Depending upon the facts, additional charges may also have been proper.

If the conviction was recent, the defendants may still have time to appeal. I am a certified specialist in appellate practice, and would be interested in discussing the case with the defendants or their representatives. Please feel free to contact me directly.