Many states consider robbery to be the theft or larceny of any property or money by engaging in some type of physical force or fear tactic. If it involves the use of a deadly weapon and it results in injury to the victim, it could be considered to be either “armed” or “aggravated.” And unlike burglary, the victim has to be present and is either threatened with, or has suffered from physical injury from the person committing the crime. The federal robbery laws were taken from the English legal definition, but most states have incorporated specific definitions into their penal codes. Without these specific statues, common law would still apply.
The Definition of Robbery
The specific penal codes will be different for every state, but most of them have the same basic elements. Robbery will usually include the following:
- Taking someone else’s property with the intent to steal.
- The action is performed in the victim’s presence.
- The action is performed against the will of the other person.
- The action is performed through violence, intimidation, or threat of force.
Robbery is a type of theft that involves the use of or threat of violence. And because it’s an important part of the definition, a robbery prosecutor is concerned about the timing of the violence. If it occurred because he or she wanted to escape, the charges may include larceny and resisting arrest. However, it may not be considered a robbery.
The amount of force that’s used during the incident doesn’t have to be very much for it to be classified as a robbery, but it will depend on who was involved as well as other circumstances that are relevant to the situation. If only a slight amount of violence or intimidation tactic is enough to get someone to hand over his or her property because of the natures of both parties, then it’s considered a robbery. And while the thief doesn’t have to use a lot of force to commit a robbery, a certain amount is required. There has to be some resistance from the victim before the theft can turn into a robbery, but it’s still possible that the jury won’t see any grounds for this type of charge.
States will place robbery into specific degrees, depending on its severity. But the federal government has laws that can affect crimes that are committed across state lines. Robbery is usually considered a state crime, and it’s typically classified as a second-degree felony. It can, however, become a first-degree felony if it involved a dangerous weapon with the intention of inflicting harm to the victim.
Be sure to speak to someone at Gale Law Group for more specific information on Texas robbery laws and on how we can help you in the defense of these types of cases. We have a team of qualified criminal defense attorneys that can help you, and we would be happy to answer any questions you may have. So, feel free to contact us today!