The legal term robbery refers to the act of taking possession of someone else’s property without their consent. Robbery is different from burglary in that the person accused of the theft is also accused of using physical force, bodily harm, or fear to obtain the items in question. If the person was armed with a deadly weapon during the robbery, he or she may be accused of aggravated or armed robbery, which carries a heavier penalty.
Other types of robbery are called piracy, highway robbery (also known as mugging), carjacking, or extortion. Robbery is defined legally as the attempt to take someone else’s property permanently without ever having the intent to return the said property in the future. The difference between robbery and simple theft is that robbery usually involves threats, intimidation, or violence on other people.
If you have been charged with robbery, there are some avenues that you can take to ensure that you have a fair day in court. While the law typically imposes serious penalties for robbery, an attorney may be able to help you work out a settlement with the prosecutor. Attorneys will also present you with legal counsel before and during your trial.
Robbery Laws
Robbery is the aggravated form of common larceny or simple theft as determined by courts in the U.S. The legal definition of robbery must include a person trespassing and taking away private property from another individual that did not authorize it. The intent must be to steal the property, and this intent is usually accompanied by threat or direct force against the other person.
A person will only be charged with robbery when another person was present during the theft. The personal property must be taken directly from another person in order for the crime to be considered aggravated robbery.
The most important element to any criminal robbery trial is the force used to take the property. Robbery is defined as a crime that where fear or force are present. Usually, the force will have to be sufficient, which means that a person that forcefully removes property from another and injures them will be charged with robbery. A person that does not intend to harm another person but simply to snatch their belongings away will not be charged with robbery.
Penalties for Robbery
First-degree robbery is the more serious crime, and it will usually be accompanied by not less than 10 years imprisonment. The imprisonment sentence may be a life sentence if another person was injured in the process, and the person may also be fined $15,000. A combination of fine and imprisonment may also be used for first-degree robbery.
Second-degree robbery is the less serious crime, and the person responsible for this crime will be imprisoned for anywhere between 10 and 30 years. A fine of not more than $10,000 may also be applied as well.
Legal Advice on a Robbery Charge
If you have been charged with robbery, seeking the help of a responsible, qualified attorney will help you understand the best way to defend yourself against the charge.
