Robbery

Robbery is a forceful taking from a person.  What differentiates a robbery from a theft is the use of force. The severity of the crime depends on the level of force used.  

The least severe robbery charge is “robbery by sudden snatching.”  This crime takes place when there is the taking of money or other property from the victim's person with the intent to permanently or temporarily deprive the victim or the owner of the money or other property when, in the course of the taking, the victim was or became aware of the taking. In order to satisfy this definition, it is not necessary to show that (1) the offender used any amount of force beyond that effort necessary to obtain possession of the money or other property or (2) there was any resistance offered by the victim to the offender or that there was injury to the victim's person. The offense of robbery by sudden snatching requires that the stolen property must have been abruptly and unexpectedly plucked from the embrace of the person.  The best example of robbery by sudden snatching is purse snatching.  A pickpocket, on the other hand, represents a theft.  Robbery by sudden snatching is a third degree felony punishable by up to five years in prison.

The typical robbery is the taking of money or other property from the person or custody of another, with intent to either permanently or temporarily deprive the person of the money or other property, by the use of force, violence, assault, or putting in fear.  The elements of robbery are that (1) the defendant took the money or property from the person or custody of another; (2) the defendant used force, violence, assault, or putting in fear in course of the taking; (3) the property taken was of some value; and (4) the taking was done with the intent to temporarily or permanently deprive the victim of his right to the money or property. If the offender carries no firearm, deadly weapon, or other weapon then the robbery is a second-degree felony punishable by up to 15 years in prison. If in the course of committing a robbery the offender carries a firearm or other deadly weapon, the robbery is a felony of the first degree punishable by life imprisonment.

The offense of carjacking occurs when during the taking of a motor vehicle from the person or custody of another, with the intent to permanently or temporarily deprive the person or the owner of the motor vehicle when in the course of the taking there is the use of force, violence, assault, or putting in fear. If in the course of committing the carjacking the offender carried a firearm or other deadly weapon then the carjacking is a felony of the first degree punishable by life imprisonment. Pursuant to the statute, the elements of carjacking, a first-degree felony, are that: (1) a defendant took a motor vehicle from the person or custody of the victim; (2) force, violence, assault, or putting in fear was used in course of the taking; and (3) the taking was done with the intent: (a) to temporarily or permanently deprive the victim of his right to the motor vehicle or any benefit from it; or (b) to appropriate the motor vehicle of the victim to his own use or to use of any person not entitled to it.

Home-invasion robbery is any robbery that occurs when the offender enters a home with the intent to commit a robbery and commits a robbery of the occupants therein. If in the course of committing a home-invasion robbery a person carries a firearm or other deadly weapon, the person commits a felony of the first degree punishable by life imprisonment.  If a person carries no firearm, deadly weapon, or other weapon, the person commits a felony of the first degree punishable by up to 30 years in prison.

A robbery charge, no matter the degree, is a very serious offense and carries serious penalties.  You need competent and experienced representation to get you through this challenging time.  Erick Cruz has experience both prosecuting robbery crimes and representing individuals accused of robbery.  Erick is uniquely capable of closely examining and scrutinizing the investigation and looking for deficiencies in the investigation and violation of your rights.  A reoccurring issue in robbery investigations is the validity and reliability of the identification of the perpetrator.  Erick will challenge the reliability of the identification and the propriety of the investigation in an effort to get your case dismissed, charges or sentence reduced and your arrest record sealed or expunged.

Call Erick to discuss your case and learn how he can defend you and get your case dismissed, charges or sentence reduced and arrest record sealed or expunged.