Keith Mack
Robbery is a felony in many jurisdictions and is differentiated from other forms of theft by its violent nature. Robbery is defined as taking or attempting to take anything of value by force, threat of force, or use of fear. Under common law, robbery is the taking of property from a person or in the presence of a person by threat or force. This is sometimes referred to as strong-arm robbery, which does not involve the use of a weapon. Attempted common law robbery, therefore, involves the intent to commit robbery and taking steps toward completing the crime.
| Characteristics | Values |
|---|---|
| Definition | Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. |
| Common Law Definition | Taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear. |
| Differentiation from Other Forms of Theft | Robbery is differentiated by its inherently violent nature; whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. |
| Robbery with a Weapon | Armed robbery involves the use of a weapon. Robbery with a deadly weapon carries a minimum mandatory sentence of 10 years in prison in the state of South Carolina. |
| Aggravated Robbery | When someone brings with them a deadly weapon or something that appears to be a deadly weapon. |
| Highway Robbery or Mugging | Takes place outside or in a public place such as a sidewalk, street, or parking lot. |
| Carjacking | The act of stealing a car from a victim by force. |
| Robbery in Ireland | Robbery is a statutory offense created by section 8(1) of the Theft Act 1968. |
| Robbery in Florida | Robbery is defined as "the taking of money or other property which may be the subject of larceny, from the person or custody of another, with the intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there was a use of force, violence, assault, or putting in fear." |
| Robbery in North Carolina | Common law robbery is a felony in North Carolina. Robbery with a dangerous weapon is a more serious offense than common law robbery. |
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What You'll Learn
Common law robbery definitions
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery involves taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear. Precise definitions of the offence vary between jurisdictions.
In the United States, robbery is generally treated as an aggravated form of common-law larceny. Common-law robbery is differentiated from larceny by the additional elements of trespassory taking and carrying away of the stolen property from the victim's person or presence. Robbery is also differentiated from other forms of theft, such as burglary, shoplifting, pickpocketing, or car theft, by its inherently violent nature. While lesser forms of theft are often punished as misdemeanours, robbery is always a felony in jurisdictions that distinguish between the two.
In North Carolina, common law robbery is a felony that carries the possibility of over a year in jail. It is defined as using the threat of force or direct force to physically remove an item from the victim's possession. When a dangerous weapon is involved, the charge becomes "robbery with a dangerous weapon", which is a more serious offence.
In South Carolina, common law robbery (strong-arm robbery) is a felony punishable by up to 20 years in prison. The term "strong-arm robbery" refers to the use of threat or force rather than a weapon. Attempted robbery does not carry a minimum sentence but can result in a maximum sentence of 20 years in prison.
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Robbery with a deadly weapon
Attempted common law robbery involves the intent to rob and taking steps towards committing the crime. Robbery is the taking or attempting to take anything of value by force, threat of force, or fear. Robbery with a deadly weapon is a specific type of robbery that carries more severe penalties.
In the United States, robbery is generally considered an aggravated form of common-law larceny. Robbery with a deadly weapon involves the use of a weapon or something that appears to be a deadly weapon. The term "deadly weapon" can be vague, but it refers to any item used or threatened to be used in a manner that could lead to serious injury or death. This can include firearms, but also other items used to threaten or cause harm.
In some states, such as Florida, robbery with a deadly weapon is a first-degree felony. The crime is committed when an individual unlawfully and intentionally takes money or property from another person by force, violence, or threat while possessing a deadly weapon. The definition of "deadly weapon" is intentionally vague but is understood to mean any weapon used or threatened to be used in a way that could lead to great bodily harm or death.
The penalties for robbery with a deadly weapon vary by state. In Florida, for example, a conviction carries a minimum sentence of 34.5 months in prison. In South Carolina, the crime has a minimum mandatory sentence of 10 years and a maximum penalty of 30 years in prison.
It is important to note that the presence of a weapon during a robbery significantly increases the severity of the crime and the potential penalties. Even if the weapon is not used, simply possessing it during the commission of the robbery is sufficient for a robbery with a deadly weapon charge.
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Robbery conviction and sentencing
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or putting someone in fear. Robbery is differentiated from other forms of theft, such as burglary, shoplifting, or car theft, by its inherently violent nature. Robbery is a felony, whereas lesser forms of theft are often misdemeanors.
In the United States, robbery is generally treated as an aggravated form of common-law larceny. Robbery requires trespassory taking and carrying away of the personal property of another with the intent to steal from the person or presence of the victim by force or threat of force. The specific elements and definitions of robbery differ from state to state. For example, in Florida, robbery is defined as "the taking of money or other property [...] from the person or custody of another, with the intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there was a use of force, violence, assault, or putting in fear." Many states also have schemes that charge robberies with higher levels of violence as aggravated robbery or armed robbery.
In terms of sentencing, the average sentence length for individuals sentenced for robbery in the United States is 111 months. This average sentence length decreases to 79 months for individuals sentenced for robbery without a conviction under section 924(c) and increases to 159 months for individuals sentenced for robbery with a conviction under section 924(c). In California, robbery is punishable under the Three Strikes Law, which applies when a person was previously convicted of two violent felony offenses. If that person is subsequently convicted of another violent felony, they could face 25 years to life in state prison. In South Carolina, robbery with a deadly weapon carries a minimum mandatory sentence of 10 years in prison and a maximum penalty of 30 years in prison. Common law robbery, robbery with a deadly weapon, and attempted robbery can all lead to severe penalties, with a maximum sentence of 20 years in prison.
It is important to note that robbery convictions and sentencing can vary depending on the jurisdiction and the specific circumstances of the case. Mitigating factors, such as the absence of deadly weapons or a lack of criminal history, can reduce criminal penalties and charges. Consulting a criminal defense attorney is crucial for those facing robbery charges.
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Robbery vs. burglary
Robbery is the act of stealing personal property by force or by instilling fear in the victim. The victim must be present and in direct possession of the item stolen or attempted to be stolen at the time of the offence. For instance, being threatened with bodily harm to hand over your watch or having your purse snatched from your arm in public.
In the United States, robbery is generally treated as an aggravated form of common-law larceny. Common law robbery, also known as strong-arm robbery, does not involve the use of a weapon. Robbery with a deadly weapon is called armed robbery. Robbery is differentiated from other forms of theft, such as burglary, shoplifting, pickpocketing, or car theft, by its inherently violent nature. Robbery is always a felony in jurisdictions that distinguish between felonies and misdemeanours.
In the context of robbery, an attempt requires two elements: the intent to commit a crime and steps or conduct towards the completion of that crime. A defendant's abandonment of the attempt to commit the crime can act as a defence.
Burglary, on the other hand, involves entering a structure or property with the intent to commit a theft or another felony. Burglary does not require theft or the intention to steal. The intended crime could be assault, vandalism, or other crimes. Burglary is generally treated as a felony, but the charges vary depending on the presence of the residents during the crime and whether the perpetrator was armed.
While robbery and burglary are different crimes, they can be committed together in a single event. For example, a criminal sneaks into a backyard (committing burglary), encounters the homeowner, and steals the watch from their wrist by threatening harm (committing robbery).
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Robbery and theft
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. Robbery is differentiated from other forms of theft such as burglary, shoplifting, pickpocketing, or car theft by its inherently violent nature. Robbery is always a felony in jurisdictions that distinguish between the two, whereas many lesser forms of theft are punished as misdemeanors.
Under common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear. Common law robbery is sometimes referred to as \"strong-arm robbery\" and does not involve the use of a weapon. Robbery with a dangerous weapon is a more serious offence than common law robbery and is often referred to as "armed robbery".
In the United States, robbery is generally treated as an aggravated form of common-law larceny. Robbery requires that the property be taken directly from the person of the victim or from their presence, which differentiates it from larceny, where the property need only be taken from the victim's possession. The specific elements and definitions of robbery differ from state to state. For example, in Florida, robbery is defined as "the taking of money or other property which may be the subject of larceny, from the person or custody of another, with the intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there was a use of force, violence, assault, or putting in fear."
In North Carolina, both common law robbery and robbery with a dangerous weapon are felony charges that come with the possibility of over a year in jail. Common law robbery is usually tried as a class G felony in North Carolina, punishable by up to 47 months in prison. Robbery with a dangerous weapon is a Class D felony and is punishable by up to 204 months in prison.
Robbery is a statutory offence in Ireland, created by section 14(1) of the Criminal Justice (Theft and Fraud Offences) Act 2001. In South Carolina, common law robbery, robbery with a deadly weapon, and attempted robbery can all lead to severe penalties. Attempted robbery does not have a minimum sentence but carries a maximum sentence of 20 years in prison.
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Frequently asked questions
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. Robbery is differentiated from other forms of theft such as burglary, shoplifting, pickpocketing, or car theft by its inherently violent nature. Robbery is always a felony in jurisdictions that distinguish between the two.
Common law robbery is the taking of property from a person or in the presence of a person by threat or force. This is sometimes referred to as a strong-arm robbery, which does not involve the use of a weapon. Common law robbery is a felony in some states, such as South Carolina and North Carolina.
Common law robbery is a felony and is punishable by up to 47 months in prison in North Carolina. In South Carolina, common law robbery is punishable by up to 15 years in a state prison.
Armed robbery involves the use of a weapon, including a firearm or other deadly weapon. Armed robbery is a more serious offense than common law robbery and can result in more severe punishments.
