The property does not have to be taken by the owner or holder of the legal title. The thief can rob someone who owns or keeps property, even if that person does not own it. The person who has been deprived of the property must have exercised control over it. In a robbery, the perpetrator robs the victim through immediate threats and violence. In case of extortion, the victim voluntarily hands over his or her personal property to avoid future harm or violence. THEFT, crime. The criminal and violent removal of another`s person, property or money of any value, through violence or fear. 4 Bl. Com. 243 1 bald head. 102. 2. «Taking from the person» means not only the immediate taking of his person, but also of his presence, when this is done by force and against his consent.
1 Hale, P.O. Box 533; 2 Russ. Crimes, 61. The kidnapping must be done by force or frighten the owner, but the two circumstances do not necessarily have to coincide, because if a man is to be beaten and then robbed while he is insensitive, the offense is always theft. 4 binn. No. 379. And if the party is frightened by threats and then robbed, there is no need for greater violence. 3. This offence differs from theft of the person in that the latter does not involve violence, whereas in the former case the offence is incomplete without actual or actual violence. Id. empty 2 Swift`s Dig.
298. Prin. Law, chap. 22, § 4, p. 285; and take away; Invito Domino; Theft; Captivating. The Bundesbank Robbery Act recognises the federal interest in protecting nationally insured deposits and therefore also protects credit unions and savings institutions. It defines and describes the punishment of bank robberies and related crimes, including: n. 1) the direct withdrawal of property (including money) from a person (victim) through violence, threats or intimidation. Robbery is a felony (a crime punishable in a state or federal prison). «Armed robbery» involves the use of a firearm or other weapon that can cause bodily harm, such as a knife or club, and under most state laws, a harsher penalty (as long as possible) than robbery by simple catch. 2) A term misused to describe theft, including burglary (burglary and trespassing) and shoplifting (theft from a store`s inventory), expressed, «We were robbed.» Many states provide for varying degrees of theft, depending on the level of violence perpetrated against the victim. Robbery is a robbery that occurs in the most serious circumstances and usually requires that a lethal weapon was used during the robbery or that the offender inflicted serious bodily harm on the victim.
For example, if a criminal uses a gun or knife to commit the crime, or seriously injures the victim, they may be charged with robbery. Some States also apply robbery to any robbery committed against certain groups of victims, such as the elderly or disabled. It is enough to put the victim in fear of bodily harm. Fear can be triggered by words or gestures, such as threatening the victim with a gun. The threat of direct bodily injury or death need not be directed against the owner of the property. It can be addressed to a family member of the owner, other relatives or even someone from the owner`s business. Violence or intimidation must occur before or simultaneously travel to constitute robbery. Violence or intimidation after ingestion is not robbery.
However, if the violence occurs so soon after ingestion that it is part of the same transaction, the violence is legally related to the ingestion. Violence or intimidation used after arrest and simply as a means of escape is not sufficient grounds for a charge of robbery. Learn more about FindLaw`s newsletters, including our Terms of Use and Privacy Policy. Most robbery laws distinguish between simple robbery and robbery. The most common aggravating factors are whether the thief was armed with or depicting a deadly weapon, had a weapon, did cause serious bodily harm, or had an accomplice. n. A generic term for all offences in which a person intentionally and fraudulently takes the personal property of others without permission or consent and with the intention of converting it for the recipient`s use (including a possible sale). In many states, when the value of seized property is low (for example, less than $500), the crime is a «petty theft» but it is a «major theft» for larger amounts, a designated offence or a crime. Theft is synonymous with «theft». Although robbery (forcible capture), burglary (by illegal entry) and embezzlement (theft from an employer) are generally considered thefts, they differ in the means and methods used and are referred to separately as these types of crimes in criminal complaints and legal sanctions. An offender who uses a toy weapon may still be guilty of robbery if the threat caused a real and well-founded fear to the victim at the time of the robbery, regardless of whether the threat actually existed.