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What Is Strong Armed Robbery?
Contents
Strong Armed Robbery: Understanding the Legal Definition and Its Consequences
Introduction
Strong armed robbery is a heinous crime that involves stealing an individual’s property with the use of a weapon, threat of force, or actual violence. This crime is also known as “armed robbery” or “aggravated robbery.” It can lead to severe consequences such as long-term imprisonment and loss of gun ownership privileges. At Spodek Law Group, we have experienced attorneys who are well-versed in the legalities of strong armed robbery and can help protect your rights.
The Elements of Strong Armed Robbery
To be charged with strong armed robbery, one must have specific intent to commit larceny or theft. The victim’s property must be unlawfully taken away with the intention of permanently depriving them of their belongings. Additionally, using a weapon, threatening force or intimidation, or committing actual force is required for this offense. This crime can involve anything from using firearms to rob banks to using knives or baseball bats to rob individuals.
The Gun Requirement
Contrary to popular belief, one does not need an actual gun or firearm while committing strong armed robbery; any object perceived by victims as dangerous that causes them to permit their property being taken qualifies as a weapon for this crime. For instance, explosives, knives and other weapons adapted/ designed for inflicting serious bodily harm/death qualify under this category.
The Fake Weapon
Even if the weapon used during strong arm robberies is fake/a toy; perpetrators will still face charges if they handle it similarly like real weapons would under similar circumstances. If victims believed these toys were real and feared being harmed when they didn’t comply with demands made by robbers – then those toys become weapons too!
Victim Not Holding Property
A victim doesn’t necessarily need holding their possessions at the time of robbing for it considered strong-arm robberies; even if properties are close-by/victims’ control when the robbery occurs, and violence or intimidation is used to obtain them, it can still be charged as strong armed robbery. For example, if a person has jewelry in a package on a table near them at a cafe and someone comes along threatening with weapons and takes the package – that’s considered strong-armed robberies.
The Property Dropped
A robbery is legally complete once thieves take victims’ property even for short periods. If perpetrators commit robberies but drop stolen properties later; they still committed crimes of strong-arm robberies and will face charges.
Punishment for Strong Armed Robbery
Perpetrators arrested for strong armed robbery are likely to face felony charges especially if deadly weapons were involved. The punishment varies from state to state but usually involves significant fines, prison sentences up to 20 years, and loss of gun ownership privileges. Some states offer alternative sentencing options such as parole/probation depending on defendants’ backgrounds/possible mitigating circumstances.
Legal Defenses
Several criminal defenses can mitigate charges faced by those accused of committing strong arm robberies. Coercion is one common defense asserting that defendants were forced/coerced into committing these offenses by threats of harm made against themselves/families while intoxication can also be used if defendants were under influence drugs/alcohol during these incidents impairing their mental states so much that they didn’t have specific intent required for this crime.
Why You Need an Experienced Attorney
If you’ve been charged with strong armed robbery; you could be facing serious consequences which make it essential to contact experienced attorneys immediately! At Spodek Law Group; our skilled attorney Todd Spodek has years dealing with cases involving this offense providing best possible defense protecting clients’ rights even in most challenging situations!
Conclusion
Strong armed robbery is an egregious crime leading severe punishments including long-term imprisonment & loss gun ownership privileges among others mentioned above making it crucial seeking legal representation from experienced attorneys like those at Spodek Law Group. If you’ve been charged with strong armed robbery, don’t hesitate to contact our office and schedule a consultation with Attorney Todd Spodek. We can help you navigate this difficult situation and protect your rights!
Understanding Robbery and Larceny
A type of crime with the specific intent of larceny or theft is strong armed robbery. This crime is committed using a weapon and threatening force, intimidation, or committing actual force. The legal definition of larceny is the unlawful taking or carrying away of an individual’s property and intentionally depriving them of their property permanently. This could involve using a weapon to force an individual to give up something of value such as a purse, money, wallet, or vehicle. This also involves a person robbing a bank with the use of a firearm and leaving with stolen money.
Essential Components of Strong Armed Robbery
Gun Requirement
To be charged with strong armed robbery, a person doesn’t have to use an actual gun or firearm when they commit the crime. The weapon used to commit the larceny can be anything from a baseball bat to a knife as well as an explosive and more. The key element is that a victim believed they were in danger because of the presence of a weapon and this caused them to permit their property to be taken.
Fake Weapon
A person can be charged with strong armed robbery even if the weapon they used was fake or even a toy. The important element of the fake weapon is that it was handled in the same way as a real weapon would be under similar circumstances. The victim believed the weapon was real and they feared being harmed if they didn’t give in to a robber’s threats or demands.
Victim Not Holding Property
A victim is not required to have physical possession of their stolen property at the time it is taken from them. It’s sufficient for the property to be close to the victim or in their control when a robber uses violence or intimidation to obtain it from them. If a person has a package containing recently purchased jewelry and places it on a table near them at a cafe. Then someone comes along and threatens them with a weapon and takes the package with the jewelry, it may be considered a strong armed robbery. The victim wasn’t physically holding the package at the time the robbery occurred.
Property Dropped
A theft crime can only be considered a robbery if it involves taking and then carrying away a victim’s property. The crime of robbery is legally complete once a thief takes the property of a victim even for a short time. This means even if someone commits a robbery and then later drops it, the person who dropped the stolen item has still committed a robbery. This is all that is required for them to be charged with strong armed robbery.
Punishment
Someone arrested for strong armed robbery will usually be charged with a felony. This is almost certain if a deadly weapon was used during the commission of the crime. The definition of a weapon is often any weapon adapted or designed to inflict serious bodily harm on a person or causing them death. These weapons are often such things as knives, guns, knuckles, billy clubs, or other similar implements. The punishment associated with a conviction for strong armed robbery varies from state to state. They usually involve certain common penalties.
- Loss of gun ownership privileges
- Prison sentences up to 20 years
- Significant fines
Many states also offer alternative sentencing options. This is parole and probation. The background of the defendant and any possible mitigating circumstances will be taken into consideration. The alternate sentence will be based on state law.
Legal Defenses
There are a number of criminal defenses available for a person charged with strong armed robbery. This will depend on the circumstances as well as the details and facts surrounding the incident. A common defense is coercion. This is when a defendant was coerced or forced into committing a strong armed robbery. This happens when it can be proven a defendant or their family were threatened with harm if they didn’t commit the strong armed robbery. Another defense is intoxication. The level of intoxication needs to be sufficient to negate the criminal’s mindset to intentionally commit a strong armed robbery. This is a very effective defense if it can be proven a person was involuntarily intoxicated.
Anyone who has been charged with strong armed robbery could be facing serious punishment. They should immediately contact an experienced attorney. These legal professionals know how to protect their client’s rights and provide the best possible outcome for a challenging situation.