Robbery Law
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Robbery or Theft by false pretenses occurs when a person obtains title to the property of another by knowingly making false representations, either spoken or written, with the intent to defraud the victim. The misrepresentation must be of present or past material fact and not opinion, prediction, or false promise. The crime also requires that the victim give the property to the defendant as a result of being deceived by or of relying upon the misrepresentation. The defendant must obtain title to the property, not mere possession without title, in order to be guilty of false pretenses. Historically, obtaining custody or possession of property (rather than title) by false statements was a form of larceny known as larceny by trick.
Strong Arm Robbery is a form of aggravated larceny. It can be viewed as a combination of assault or battery, plus larceny. All the elements of larceny are required-the trespassing and taking and moving of money or property from another without consent and with the intent to permanently deprive that person of the money or property-plus two additional requirements. First, there must be violence or threat of immediate violence. Second, the taking must be from the victim or in the victim's presence.
For example, it is robbery to take another's property, including money, from the victim at gunpoint or to knock the victim unconscious and then take his or her property. The property taken must be on the victim or so near the victim that, if not for the violence or threat of violence, the victim could have prevented its taking. For purposes of imposing punishment, most jurisdictions draw a distinction between simple robbery, where the victim is intimidated into handing over property, and armed (or aggravated) robbery, which is robbery with a dangerous weapon.
Robbery crimes are generally charged as felonies. In California robbery charges are categorized into degrees (first degree robbery, second degree robbery, aggravated robbery, simple robbery, etc.). The categories depend of the seriousness of the offense, if a weapon was involved and where/how the robbery took place. Types of robbery crimes include:
- Armed Robbery
- Aggravated Robbery
- Bank Robbery
- Burglary
- Larceny
- Piracy
- Strong Arm Robbery
All robbery charges are very serous and can result in punishments of over one year in prison (if charged as a felony). Since robbery charges can range from one to ten to ever twenty years in prison, it is wise to consult with a criminal defense lawyer.A criminal defense attorney can explain the criminal legal process and advise you on the best course of action to obtain the best possible outcome in your criminal robbery case.
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