Robbery may be defined as the unlawful, forcible taking of a victim’s property from the person of the victim. Robbery is distinguished from other unlawful seizures of property, such as larceny and burglary.
The property seized is taken directly from the person who is the victim.
There is involved the use or threat of force. Thus theft of property that occurs while a victim is asleep’a hospital patient, for example would not constitute robbery because no force was used or threatened.
Similarly, when a pickpocket lifts a victim’s wallet in the hospital or in any other scene the crime committed is larceny, but not robbery.
According to the robbery lawyers in Burlington, they say a criminal charge of robbery may be elevated from simple to aggravated robbery if a deadly weapon is brandished during the crime or if the victim suffers serious injury during the crime scene.
Robbery is defined as the taking of another’s property by force or threat. It is sometimes also referred to as larceny by threat or force. Because robbery involves injury or the threat of injury, it is considered a more serious crime than many of the other theft crimes.
The crime of robbery involves:
The taking of the property of another from his or her person or in their presence by violence, intimidation or threat, With the intent to deprive them of it permanently.
Robbery is thus distinct from the crime of larceny in two important ways.
First, the theft occurs through the use of force and intimidation.
A perpetrator is not required to use significant force, or extreme threats, in order to commit a robbery.
All that is required is the amount of violence or fear necessary to cause the victim to give up his or her possessions. This may vary based on the value of the possession and the victim. For instance, less violence may be required to rob an elderly woman of her possessions than would be required to intimidate a strong young man. It is also important to note that the violence must occur as part of the theft in order for the crime to rise to the level of robbery. If an individual uses violence after the theft while trying to escape police, for instance, this will not make the crime a robbery.
Threats
Where a perpetrator does not harm a victim, but merely threatens the victim with harm, several additional requirements must be met in order to show that a robbery occurred. Threats during a theft only rise to the level of robbery if they are imminent threats that include a threat of death, bodily injury, or destruction of the victim’s home. If a criminal threatens to shame the victim or spread rumors about them, this will not turn a larceny into a robbery. Additionally, the victim must have an actual and reasonable fear based on the threats. For example, if a weightlifter is threatened by a small child who is trying to steal his wallet, it is doubtful that the weightlifter would be “reasonably” afraid of the child and this is probably not a robbery.
Aggravated Robbery
Many states provide for varying degrees of robbery depending on the level of violence exerted against the victim. Aggravated robbery is a robbery that occurs under the most serious of circumstances and usually requires either that a deadly weapon was used during the robbery or that the perpetrator inflicted serious bodily harm on the victim. For instance, if a criminal uses a gun or knife to commit the crime, or gravely injures the victim, he may be charged with aggravated robbery. Some of the areas also apply aggravated robbery to any robbery that occurs against special groups of victims, such as elderly persons or disabled individuals.
According to the news article from Kilj news, At 9:11 pm on Saturday, May 6th, police were called to a Cricket Wireless store in West Burlington, at 411 W. Agency Rd. Suite 3, for a reported burglary. When officers arrived, they found many cell phones had been taken, as well as money.
On Monday, May 8th, West Burlington Police were called to a Verizon Wireless store at 116 W. Agency Rd. Suite 7. Reportedly, an armed robbery took place where the suspect took many cell phones before leaving the store. The suspect had brandished a firearm according to the police.
Whenever such unidentified crimes takes place in which there is a threat to many of the people who did not even commit the crime are taken into custody in such cases the robbery lawyers in Burlington are best to get help with otherwise its really horrific for the person who did not even involve in such crime.