Robbery is a form of larceny generally defined as any theft that involves the use of harm, or the threat of harm in order to accomplish the stealing. For example, robbery occurs when an attacker points a gun at a pedestrian and orders, "Give me all your money." This type of mugging would be categorized under robbery laws due to the threat of harm involved with the gun. Robbery is usually a more serious criminal charge than other theft crimes such as shoplifting or petty theft.
In most jurisdictions, there does not have to be an actual application of force in order for a theft to be considered robbery. It is usually sufficient if the victim believed that they would be harmed if they did not cooperate.
Thus, most courts would consider the use of a fake weapon to be armed robbery. However, it is essential that the victim reasonably believes that the weapon was real and not fake. Also, if a toy gun is used to strike a victim during a robbery, then it actually becomes a weapon for legal purposes.
Armed robbery is usually considered to be a felony charge. As such, it can carry with it some fairly severe criminal consequences. For instance, the defendant will usually be required to spend some time in a prison facility, usually for at least one year. In some cases, armed robbery can result in sentences lasting 5-10 years, especially if the victim was actually harmed during the course of the robbery. Juvenile offenders can sometimes be tried as an adult for armed robbery charges.
In addition, the defendant may face other consequences, such as a criminal fine. They may also lose the right to own a firearm in the future. This depends on various factors such as the state’s laws, as well as the judge’s analysis of the danger involved during the robbery.
Criminal defenses may apply to robbery with a fake weapon, including intoxication, mistake, and coercion (i.e., the person was forced to commit the robbery).
Robbery and other criminal charges can often lead to severe legal penalties. This is especially true of crimes that involve the use of a weapon or even a fake weapon. You may need to hire a criminal defense lawyer for help if you’re facing criminal charges. A qualified criminal law attorney can provide you with the legal guidance and representation that is needed for your defense.
Last Modified: 04-23-2018 11:37 PM PDTLaw Library Disclaimer
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