In many states robbery is defined as the taking of another person’s property through the use of force or intimidation. Where weapons are used or a victim is hurt, a robbery can be charged as aggravated. Unlike a burglary where physical violence isn’t necessary, robbery crimes require that the victim be threatened with or suffer harm.
US laws on robbery have their roots in English common law. While most jurisdictions have their robbery laws codified in penal codes, common law applies in all other instances. Read further to learn about the elements of a robbery, and about how robbery lawyers in Fort Wayne, IN can help those facing robbery charges.
Elements of a Robbery
Every jurisdiction’s definition of a robbery is different, but most definitions contain common elements. A robbery typically consists of taking another person’s property with the intent to steal it. The taking of property must be against the other person’s will and it must be done by force or the threat thereof.
Because the elements of threat and force are essential for a robbery to take place, prosecutors often have questions about the timing of violence. For instance, if the violence only happened after the robber tried to escape, the charges may include larceny but they might not necessarily include robbery.
State Law Sets Forth Different Levels of Severity for Robberies
State law often separates robbery into varying degrees based upon the offense’s severity. A normal robbery is typically classed as a second-degree felony, but it can be elevated to a first-degree felony if a weapon is used or if the robber tries to kill or harm someone. In some areas, this is referred to as an aggravated robbery.
Most robberies are handled by the state, but certain types are under Federal jurisdiction. A bank robbery is a federal robbery; any attempted or actual robbery of a credit union or bank is a federal crime. The US government has control over robberies that affect interstate commerce. Contact an arrested hotline for help from robbery lawyers in Fort Wayne, IN if one is facing federal or state robbery charges.
