Finding trusted and reliable insurance quotes and legal advice should be easy. If the victim cannot provide any other details like the defendant threatening to use it or brandishing the weapon in the direction of the victim, a defendant can raise a defense that the weapon was not used during or in furtherance of the commission of the offense. It is important to know that throughout the Commonwealth of Pennsylvania, the allegation or charge of robbery is always categorized as a felony of the first degree, a felony of the second degree, or a felony of the third degree. The common elements of robbery are: a trespassory Some are similar to the federal system which adds points to a defendant’s next sentence if he has prior convictions for violent offenses. Hostage Describes Islamist Elements of Armed Bank Robbery 90 SYLVAIN THOMAS/AFP via Getty Images. Find the right lawyer for your legal issue. 7.5.3.2 - Charge: Armed Robbery (Extended) Click here to obtain a Word version of this document for adaptation. The law defines armed robbery as the event in which an individual assaults another person and either robs, steals or takes money or other property while armed with a dangerous weapon. A second defensive tactic is not to challenge the robbery, but instead challenge the use or display of the weapon which resulted in the aggravation of the charge. Some only require the use of a weapon, which is any object that could potentially harm another. The crime of robbery combines two illegal offenses—assault and theft—each of which warrants harsh sentencing of their own. kylee07drg August 3, 2011 . This means they are required to complete more of their prison sentence before they are released on parole. Armed robbery is the act of stealing from someone using a weapon. Robbery. Armed robbery is a more severe form of robbery that occurs when a perpetrator uses violence during the crime while having a dangerous weapon in his possession. The asportation requirement provides a bright line distinction between attempt and robbery. If a weapon such as a gun is used or the victim suffers injury, the robbery may be charged as "armed" or "aggravated." The Four Elements of Armed Robbery. If you have a weapon, you will be charged for armed robbery. These are: If either of these occur during the theft, it then becomes a robbery charge. Home » Blog » Four Elements of Determining Aggravated or Armed Robbery. There is no exception for an automobile that is entered by force, but cannot be moved by the defendant. Elements of Armed Robbery in Mississippi. What Is Attempted Armed Robbery ? 26), section 3 must be considered. Armed robbery is the act of stealing from someone using a weapon. Dec. 20, 2013 Timeline of Events Martha Steward's For armed robbery to occur, the elements that must be present are: The taking of personal property from another with the intent to deprive that person of the property The use of force or the threat of force to gain possession of the property The use or display of a weapon 1130. Unfortunately, the absence of bullets will not negate the display or use of the weapon. However, the use of force is not limited to a physical touch; it can also be through other actions or words. The crime of robbery combines two illegal offenses—assault and theft—each of which warrants harsh sentencing of their own. The crime of robbery involves (1) the taking of the property of another (2) from his or her person or in their presence (3) by violence, intimidation or threat (4) with the intent to deprive them of it permanently. All that is required is the amount of violence or fear necessary to cause th… A defendant may or may not qualify for probation or deferred adjudication for armed robbery. The first element of robbery is that a robbery has to have taken place. As the name suggests, attempted armed robbery is when a person is armed with a weapon and tries to use force, intimidation or threat to take valuable item from the victim. The third, and most crucial, element of an armed robbery charge is the use, pretense, or display of a weapon.So when a robbery is committed while in possession of a weapon (or the pretense that there is a weapon,i.e., a gun), the crime will be labeled as an armed robbery. Guilty Innocent Unemployed Believed Mr. Potempa cheated him out of correct change "Won" $400 the day of the robbery State v. Larry Riley Unemployed for several months, but still was able to take "girlfriend" out to lavish dinner. Essentially, robbery is theft accomplished by violence or the threat of it. The penalty for robbery is always more severe than for larceny. The maximum sentence for robbery is life imprisonment. Armed robbery is a Class II felony in Nebraska which carries the possibility of one to fifty years in prison if convicted. Armed Robbery and Aggravated Robbery. For example, if a person was trying to steal a six-pack of beer, but was caught before he could leave the entrance of the store, the attempt would be sufficient to set a robbery charge in motion. In order to be convicted of armed robbery, however, four elements must be proven. However, others only require an attempted theft. With both aggravated and armed robbery, however, the person is facing serious penalties and could spend the rest of their life in prison if they are convicted. However, the main distinction among the robbery offenses is whether the act involved a weapon. Specific elements and definitions differ from state to state. These are: The defendant was in possession of a deadly weapon, or threatened use of a deadly weapon. It is sometimes heard in the County Court if a person is initially charged with an armed robbery and that charge results in being withdrawn or a jury finds a person not guilty of the element of being armed. According to statistics from the Federal Bureau of Investigation (FBI), 422,921 incidents of robbery occurred in 2001. § 1832 Element Three—The Information Was a Trade Secret I was wondering if an attempted armed robbery can be dropped down to a misdemeanor? In some jurisdictions, armed robbery is known as “aggravated robbery,” but the two crimes are the same. To convict you of armed robbery, a prosecutor must prove that you (1) intentionally took something from another person (2) in their presence (3) by using violence or threats of violence (4) while armed with a deadly weapon.. Armed robbery can carry up to life in prison, served day-for-day, without parole. Weapons include:  knives, bb guns, lead pipes, broken bottles,  pieces of glass. Every state has its own sentencing guidelines. Obvious examples are guns and knives, but anything can be considered a deadly weapon if it could cause serious harm. The jury was properly instructed in the disjunctive on the force element. 18 U.S.C. In addition, defendants convicted of aggravated charges like armed robbery tend to be subject to harsher parole standards. This chapter will examine the offence of 'Robbery', as provided for by section 293 of the Penal Code (Ch. Furthermore, if the defendant is armed with any type firearm while committing the robbery, there is a minimum sentence of five years and a minimum of fifteen years for any subsequent offense. Elements of Robbery The crime of robbery involves (1) the taking of the property of another (2) from his or her person or in their presence (3) by violence, intimidation or threat (4) with the intent to deprive them of it permanently. The final element of armed robbery involves using the deadly or dangerous weapon. Words: 692 Length: 2 Pages Document Type: Research Paper Paper #: 29995010. This doesn’t influence our content. To be found guilty of robbery, the government must prove that a defendant: Took property belonging to others, With the intent to steal the property, (2) Robbery in the first degree is a class A felony. Armed robbery is not simply a crime against property. Elements of a Robbery Charge According to Section 160 of the New York Penal Code, robbery simply means "forcible stealing." Other states says it is any object that is capable of causing death or serious bodily injury, even if there is no actual injury inflicted. What are the Consequences? In reality, armed robbery typically refers to both the theft of property of greater value and the presence of force or violence during the theft. [ 2002 c 85 § … 18 U.S.C. Armed robbery (s75A of the Crimes Act 1958) is an indictable offence, which means that it is triable by a judge and jury in the County or Supreme Court.It carries level 2 (25 year) imprisonment as a maximum penalty, which is the second highest maximum penalty behind life imprisonment. When interpreting any section of the Penal Code (Ch. The use of force is what brings a theft charge up to robbery. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. Don’t go to court alone. After a defendant is convicted of armed robbery, an additional consequence is that he will be considered a convicted felon. Two men accosted a third, an acquaintance, in an alley near a bar. See Fla. Stat. Armed robbery, in criminal law, aggravated form of theft that involves the use of a lethal weapon to perpetrate violence or the threat of violence (intimidation) against a victim. Elements of Armed Robbery. Robbery is a statutory offence in Northern Ireland. An armed robbery is a serious crime that could have a significant impact on the health, safety and welfare of you, your staff and customers. Robbery. In order to be convicted of armed robbery, however, four elements must be proven. The prosecution must prove each element beyond a reasonable doubt. Robbery is a central component of the fear of crime. Armed robbery is considered a serious felony in Massachusetts, and is punishable by a possibility of life in state prison or for any term of years. Many defendants attempt to minimize the charge by arguing that the gun was unloaded, so the charge should only be considered a straight robbery. This defensive theory is not always effective at the trial level, but tends to be more effective on appeal when a higher court is reviewing a case for the sufficiency of the evidence. First, the theft occurs through the use of force and intimidation. However, others only require an attempted theft. Full time custody unless exceptional circumstances Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. 18 U.S.C. Many suburban residents, whose objective risk of victimization is much lower than that of their inner-city They beat him severely with a club and to… Factors could include demonstrating that the defendant (i.e., an accessory) was not the actual bad actor in the group  and that he never personally used the weapon; only a co-defendant did. § 1832 Element Three—The Information Was a … § 14-87. Actions could include destruction of other property, such as throwing cans or breaking objects to get a victim intimidated or frighten enough to comply with a theft. Anytime a person is charged with aggravated or armed robbery, they’re going to want to contact a lawyer as soon as possible for help. Elements of Armed Robbery Armed robbery is an aggravated form of theft. Unlike theft or burglary, the crime of robbery almost always requires the presence of a victim who is threatened with bodily harm. [This charge can be used where one or more elements of the offence are in issue.If the only issue relied upon by the accused, or raised by the evidence, is that the accused was not the offender, see Charge: Armed Robbery (Short).]. It is important to know that throughout the Commonwealth of Pennsylvania, the allegation or charge of robbery is always categorized as a felony of the first degree, a felony of the second degree, or a felony of the third degree. It can range in seriousness from a misdemeanor to a first-degree grand larceny charge. [37.0] Introduction . (a) Any person or persons who, having in possession or with the use or threatened use of any firearms or other dangerous weapon, implement or means, whereby the life of a person is endangered or threatened, unlawfully takes or attempts to take personal property from another or It is therefore important for businesses to have security and armed robbery procedures in place and for all staff to be familiar with them. Defenses to Armed Robbery We strive to help you make confident insurance and legal decisions. If a defendant wins on this issue, the punishment range is greatly mitigated. Armed robbery is an offence under the Crimes Act 1958 s75A. Words include threats to harm property or another person. Armed robbery is a serious crime and can permanently traumatize its victims, both physically and psychologically. Armed robbery is a form of robbery which involves theft of property and carrying (or the pretense) of a weapon. There are typically two different times when a theft would be considered a robbery instead. Managing Editor & Insurance Lawyer. Armed robbery is a more severe form of robbery that occurs when a perpetrator uses violence during the crime while having a dangerous weapon in his possession. [39] The elements of robbery are: the theft of property; through violence or threats of violence; unlawfulness; and intent. Under s 1 of TA 1968, a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. 1130. The first element of an armed robbery charge begins with a theft allegation. A perpetrator is not required to use significant force, or extreme threats, in order to commit a robbery. Elements of a Robbery Charge in Pennsylvania. Just as the element of force or intimidation can shift a theft offense into a robbery offense, the presence of a weapon can elevate an unarmed robbery charge to armed robbery. It is created by section 8 of the Theft Act (Northern Ireland) 1969. Carjackings are robbery offenses in which a motor vehicle is taken through force or threat of force. Armed robbery is considered a violent offense which will result in a higher punishment range if a defendant is later charged and convicted of another felony offense. Judges will hand down harsher sentences if there was a death or injury during the commission of the crime, the victim was particularly vulnernable, the defendant had a past criminal record of the same type of offense, or the weapon used when committing a crime was particularly dangerous (i.e., a loaded gun). However, this level of fear or force doesn't necessarily have to be great in order to meet the statutory threshold. To be found guilty of robbery, the government must prove that a defendant: Took property belonging to others, With the intent to steal the property, Directly from the other person or persons or in their presence, Robbery with firearms or other dangerous weapons. Highway robbery or mugging takes place outside or in … Armed robbery (s75A of the Crimes Act 1958) is an indictable offence, which means that it is triable by a judge and jury in the County or Supreme Court.It carries level 2 (25 year) imprisonment as a maximum penalty, which is the second highest maximum penalty behind life imprisonment. 18 U.S.C. Continuing with the example above, if a defendant pushed or shoved a store clerk while trying to get away with the six pack, then the physical touching and use of force would be sufficient. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Click here to obtain a Word version of this document. It can range in seriousness from a misdemeanor to a first-degree grand larceny charge. The policy reasoning is that the use or display of the gun was to intimidate or scare another individual, and the objective was accomplished regardless of the number of bullets used. Those are not robberies, but rather burglaries. The offence of armed robbery involves situations where an accused is alleged to have committed a robbery and, at the time, had with them a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive with them. Hence the offending will fall exactly within the meaning of “robbery” and not within that of “armed robbery”. The prosecutor cannot prove all elements of the charge. Robbery and robbery with aggravating circumstances are different. (b) He or she commits a robbery within and against a financial institution as defined in RCW 7.88.010 or 35.38.060. 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