For example, a store clerk may be robbed while working at the cash resister in a convenience store. While the clerk does not own the property, they are in rightful possession of that property. The property in a robbery must be the property of another person, even if that person is not currently in possession of that property.
A key element of robbery is that the perpetrator takes possession of property that they are not entitled to either possess or own. In addition, they take that property through the use or threat of violence against the victims. In some jurisdictions, there is no difference between armed robbery and aggravated robbery. However, the difference is usually defined by the presence of a deadly weapon in armed robbery.
Aggravated robbery generally includes an element of physical force in the absence of a deadly weapon. Aggravated robbery can include threats of violence, which are reinforced by using some type of force in order to gain victim compliance.
In either case, the perpetrator steals property from an individual while utilizing intimidation to gain victim compliance with all demands. In some jurisdictions, a simple threat of force is enough for a perpetrator to be charged with aggravated robbery, even if no act of physical force takes place during the commission of the crime.
Aggravated robbery is becoming an increasingly common crime across the nation. Many law enforcement officials estimate that crimes of this nature will continue to increase while the economy continues to be in its current state. When economic times are bad, property crimes and violent crimes continue to increase because many individuals feel a sense of desperation. Because of that desperation, many criminals fail to ponder the legal consequences of their actions.
In some jurisdictions, the difference between armed robbery and aggravated robbery can be significant when it comes to sentencing. For that reason, some robbers choose not to carry a deadly weapon during the commission of their crimes. Therefore, they may have a more difficult time gaining victim compliance because victims may not feel an immediate threat of danger to their health and safety.
Many times, robbers utilize physical force in order to get victims to do what they want, while refraining from presenting a deadly weapon. For example, in home invasion robberies, a robber may threaten children with physical harm if the parents do not comply.
In most jurisdictions, that threat is enough for the suspect to be charged with aggravated robbery. However, if the suspect claims to have a deadly weapon, even if they do not, the charge can be armed robbery. In the same example, the simple presence of a robber in the house can be enough to gain victim compliance. However, the crime is still likely to be charged at a higher degree than simple robbery due to the nature of the crime.
The fear induced when a victim is face to face with a robber is oftentimes enough for the suspect to be charged with a higher degree of crime. If the victim is never made aware that the perpetrator is in the house or on the property, then the crime may be charged as simple burglary. However, burglary has many other violent crimes associated with it, just like robbery does. In any case, crimes of this nature can lead to more serious offenses such as kidnapping, sexual assault and felony murder.
Sentencing and Punishment
Sentencing for aggravated robbery will depend greatly on the jurisdiction that is prosecuting the crime. In addition, the nature of the crime can also affect the punishment inflicted if the suspect is found guilty. For example, if associated crimes are tried separately, the sentence is likely to be longer. In addition, many judges will impose longer sentences for perpetrators that cause grave bodily injury, especially to children or the elderly.
For each violent crime, a jurisdiction will have basic sentencing guidelines. Those guidelines will offer a minimum sentence and a maximum sentence for each type of crime. In addition, there may be clauses that add time to a sentence for certain factors of the crime, such as amount of money stolen. Although a sentence is up to a judge’s discretion, the minimum sentence for each crime is usually mandated by jurisdiction.
In other words, the judge must make the sentences at least as long as the minimum. However, they cannot make the sentence any longer than the maximum allowed in sentencing guidelines, even if the crime was especially violent.
Most criminal lawyers will attempt to have all charges against a suspect included under one charge. In other words, many suspects in aggravated robberies face multiple charges because of associated crimes. For example, a suspect may face a charge of kidnapping, in addition to a charge of aggravated robbery. The suspect may have held a victim hostage in order to get other victims to comply.
Most criminal lawyers would attempt to have those charges combined. However, it is likely that prosecutors would want to try those two offenses separately in order to get the longest sentence possible for the violent offender.
Many times, prosecutors will try to charge defendants with as many offenses as possible, especially if sentencing guidelines in that jurisdiction offer a low maximum sentence for a particular crime. Judges only have so much discretion when imposing a sentence. The more offenses a suspect is charged with, the more likely they are to stay in prison for an extended period of time. For this reason, criminal lawyers often request that the suspect be tried for all crimes at the same time, or they may ask that certain charges be reduced.
There are many crimes associated with aggravated robbery. In fact, prosecutors often strive to have each associated crime included as a separate charge against the suspects. In some aggravate robbery cases, there are more serious crimes committed in concurrence with the robbery.
For example, individuals that take part in a home invasion robbery are likely to be charged with kidnapping or hostage taking in addition to the aggravated robbery. In many cases, at least one hostage will be injured or face serious and immediate threats of injury in order to get the other victims to comply.
In fact, home invasion robberies are one of the most serious types of aggravated or armed robbery. By simply entering the home, the robbers have already induced fear in their victims and are likely to face the most serious of robbery charges available in the jurisdiction where the crime took place.
There are other associated crimes as well. In some robbery cases, there are murders, kidnappings, sexual assaults, trespass, and many other violent offenses. It is very rare for an individual to simply be charged with aggravated robbery minus any associated crimes.
Differences from Armed Robbery
Aggravated robbery is very similar to armed robbery. In both cases, the suspect is accused of taking the personal property of another through the use of force or threat of force. In most jurisdictions, armed robbery requires the element of a deadly weapon being present during the commission of the crime. Each jurisdiction will have varying rules that define aggravated robbery.
In fact, some states do not differentiate between armed robbery and aggravated robbery. Yet, many jurisdictions make the distinction based on one fact: the presence or perceived presence of a deadly weapon during the commission of a crime.
For example, a robber may keep a hand in a pocket and imply that they have a gun. That person would likely be charged with armed robbery even if no gun was actually present. Conversely, a robber that assaults a victim, but makes no threat that they will use a deadly weapon to gain compliance, will likely be charged with aggravated robbery