Robbery is a serious crime that involves the use of force or the threat of force to take someone’s property. It is a crime that can cause physical harm to the victim and cause psychological trauma. The penalties for robbery vary depending on the severity of the crime and the state in which it occurred. In this article, we will discuss the different types of robbery, the sentences associated with them, and the state laws on robbery.
Types of Robbery
There are different types of robbery, depending on how the crime was committed and the severity of the offense. The following are some of the most common types of robberies.
1. Armed Robbery: This is a type of robbery in which the perpetrator uses a weapon to threaten or harm the victim. The weapon can be a firearm, a knife, a blunt object, or any other instrument that can cause harm. Armed robbery is a serious offense that carries harsher penalties than other types of robbery.
2. Strong-Arm Robbery: This is a type of robbery in which the perpetrator uses force or the threat of force to take someone’s property. It does not involve the use of a weapon. The perpetrator may use physical force, such as punching or kicking, or verbal threats to intimidate the victim.
3. Carjacking: This is a type of robbery in which the perpetrator steals a vehicle from its driver by using force or the threat of force. Carjacking often involves the use of a weapon, such as a firearm or a knife.
4. Home Invasion: This is a type of robbery in which the perpetrator enters a person’s home by force or deception to commit a crime. Home invasion can involve theft, assault, or other criminal activities.
5. Bank Robbery: This is a type of robbery in which the perpetrator attempts to take money or property from a bank. Bank robbery is a federal crime and is investigated by the Federal Bureau of Investigation (FBI).
Sentences Associated with Robbery
The penalties for robbery vary depending on the severity of the crime and the state in which it occurred. In general, the penalties for robbery are more severe than those for other types of theft. The following are some of the typical sentences associated with robbery.
1. Imprisonment: Robbery is a serious offense that can result in a lengthy prison sentence. The length of the sentence varies depending on the severity of the crime and the state in which it occurred. For example, in California, first-degree robbery carries a penalty of three to nine years in prison, while second-degree robbery carries a penalty of two to five years in prison.
2. Fines: In addition to imprisonment, robbery may also result in fines. The amount of the fine varies depending on the state in which the crime occurred. For example, in Texas, a person convicted of robbery may be fined up to $10,000.
3. Probation: In some cases, a person convicted of robbery may be placed on probation instead of being sent to prison. During probation, the person must follow certain conditions, such as reporting to a probation officer, refraining from further criminal activity, and completing community service.
4. Restitution: In some cases, a person convicted of robbery may be required to pay restitution to the victim. This means that the person must pay back the value of the stolen property or any medical bills incurred by the victim due to the crime.
State Laws on Robbery
The penalties for robbery vary depending on the state in which the crime occurred. Each state has its own set of laws and sentencing guidelines for robbery. The following are some examples of state laws on robbery.
1. California: In California, robbery is divided into two degrees. First-degree robbery is a felony and carries a penalty of three to nine years in prison. Second-degree robbery is also a felony and carries a penalty of two to five years in prison. In addition, if a person is armed during the robbery, the penalty can be increased to up to life in prison.
2. Texas: In Texas, robbery is a second-degree felony and carries a penalty of two to 20 years in prison. If a person uses a deadly weapon during the robbery, the penalty can be increased to up to life in prison. In addition, if the victim is elderly or disabled, the penalty can be increased to up to life in prison.
3. New York: In New York, robbery is a felony and carries a penalty of up to 15 years in prison. If a person uses a firearm during the robbery, the penalty can be increased to up to 25 years in prison. In addition, if the victim is 65 years or older, the penalty can be increased to up to 25 years in prison.
4. Florida: In Florida, robbery is a second-degree felony and carries a penalty of up to 15 years in prison. If a person uses a firearm during the robbery, the penalty can be increased to up to life in prison. In addition, if the victim is over the age of 65 or disabled, the penalty can be increased to up to life in prison.
Conclusion
Robbery is a serious crime that involves the use of force or the threat of force to take someone’s property. There are different types of robbery, including armed robbery, strong-arm robbery, carjacking, home invasion, and bank robbery. The penalties for robbery vary depending on the severity of the crime and the state in which it occurred. In general, robbery carries more severe penalties than other types of theft. It is important to understand the laws and penalties associated with robbery to avoid committing this crime and to understand the consequences if you are accused of robbery.
Every state in the United States has its own set of laws and penalties for robbery. Robbery is a serious crime that involves the use of force or the threat of force to take someone’s property. In some states, the penalties for robbery can be extremely severe, including long prison sentences, fines, and restitution. In this article, we will discuss the most severe states for robbery laws and sentences.
California
California has some of the most severe penalties for robbery in the United States. In California, robbery is divided into two categories: first-degree robbery and second-degree robbery. First-degree robbery is considered more serious and carries a penalty of three to nine years in prison. The use of a firearm during the robbery can increase the sentence to life in prison. Second-degree robbery carries a penalty of two to five years in prison.
In addition to the prison sentence, a person convicted of robbery in California may also be fined up to $10,000. The convicted person may also be required to pay restitution to the victim, which means they must pay back the value of the stolen property and any medical bills incurred by the victim due to the crime.
Texas
Texas also has some of the most severe penalties for robbery in the United States. In Texas, robbery is considered a second-degree felony. A person convicted of robbery in Texas can face a penalty of two to 20 years in prison and a fine of up to $10,000.
If a person uses a deadly weapon during the robbery, the penalty can increase to up to life in prison. In addition, if the victim is elderly or disabled, the penalty can increase to up to life in prison.
In Texas, a person may also face additional charges if the robbery occurred in a certain location. For example, if the robbery occurred in a private residence, the penalty can increase to up to life in prison.
New York
In New York, robbery is considered a felony and carries a penalty of up to 15 years in prison. If a person uses a firearm during the robbery, the penalty can increase to up to 25 years in prison.
In addition, if the victim is 65 years or older, the penalty can increase to up to 25 years in prison. New York also has laws in place that require mandatory minimum sentences for certain types of robberies, including carjacking and home invasion.
Florida
Florida has some of the most severe penalties for robbery in the United States. In Florida, robbery is considered a second-degree felony and carries a penalty of up to 15 years in prison. If a person uses a firearm during the robbery, the penalty can increase to up to life in prison.
In addition, if the victim is over the age of 65 or disabled, the penalty can increase to up to life in prison. Florida also has a three strikes law in place, which means that a person convicted of three violent felonies, including robbery, will be sentenced to life in prison without the possibility of parole.
Illinois
Illinois is one of the states with the most severe penalties for robbery in the United States. In Illinois, robbery is considered a Class 2 felony and carries a penalty of three to seven years in prison and fines of up to $25,000.
If a person uses a firearm during the robbery, the penalty can increase to up to 15 years in prison. If a victim is injured during the robbery, the penalty can increase to up to 30 years in prison. Illinois also has laws in place that require mandatory minimum sentences for certain types of robberies, including carjacking and home invasion.
Other States
Many other states in the United States have severe penalties for robbery as well. For example, Georgia has a penalty of up to 20 years in prison for robbery, and the penalty can increase to up to life in prison if a firearm is used during the crime.
In Connecticut, robbery is considered a felony and carries a penalty of up to 20 years in prison. Vermont has a penalty of up to life in prison for aggravated robbery, which occurs when a person uses a deadly weapon during the crime.
In Nevada, robbery is considered a felony and carries a penalty of up to 15 years in prison. If a person uses a firearm during the robbery, the penalty can increase to up to life in prison.
Conclusion
Robbery is a serious crime that can have severe penalties, including long prison sentences, fines, and restitution. Each state in the United States has its own set of laws and penalties for robbery, and some states have more severe penalties than others.
California, Texas, New York, Florida, and Illinois are some of the states with the most severe penalties for robbery. These states have harsh penalties for anyone convicted of robbery, and the penalties can increase if a person uses a firearm during the crime or if the victim is elderly or disabled.
It is important to understand the laws and penalties associated with robbery in your state to avoid committing this crime and to understand the consequences if you are accused of robbery.
Robbery also includes the perpetrators taking possession of property for which they do not have possession rights. However, robbery often includes force. Aggravated robbery and armed robbery are similar in nature because the perpetrator utilizes force or the threat of force in order to gain victim compliance. Armed robbery includes possession of a deadly weapon or the perceived possession of a deadly weapon, even if one is not present. Generally, bank robberies, which are Federal crimes, involve armed robbery.
Burglary is different from robbery because burglary does not generally include contact between the robber and the victim. Burglary is an inchoate offense, which means that the crime is committed in order to prepare for completion of another crime. There are many offenses that can proceed burglary, and the crime does not have to include theft. Even if the burglar never commits the intended, additional offense, they can still be charged with burglary.
Piracy is another type of theft in which the victim rarely comes face to face with the perpetrator. Piracy is a crime in which theft is committed by violating copyright laws. Copyright infringement is a serious criminal offense, but it is rarely prosecuted due to the nature of the crime.
Piracy is a serious problem that is widespread in the entertainment industry. Illegal copies of artistic creations are circulated on a mass level and easily obtained by any member of the general public. Although pirated copies are often cheaper than original works, the artist receives no payment from those copies.
The Internet has made piracy much easier to get away with, which also makes it more difficult to prosecute guilty offenders. The Internet makes it easy to take part in obtaining and selling illegal copies of artistic material and for criminals to remain nameless.
Looting is similar in that it is usually difficult to prosecute the guilty parties. Looting generally takes place during events that require the attention of law enforcement. Those events can include wars, natural disasters, political unrest, and archaeological sites that have no security. Looting involves perpetrators that take advantage of unprotected property. Looters often steal whatever they can get out of structures that have no security due to intervening factors, such as blackouts.
False Pretenses
Crimes of false pretense involve an individual that obtains ownership rights to property by taking place in an act of fraud. Crimes of false pretense often involve an act of deception that directly results in an individual giving up the ownership rights to a piece of property as a direct result of that act of deception. In other words, the crime only qualifies as a crime of false pretense if the transfer of ownership is a direct result of an act of deception by the person that has obtained ownership of that property.
In order to be prosecuted for a crime of false pretense, an individual must be aware that they are making the false statement. For example, a person cannot be charged if they realistically believed what they told the rightful owner, even if it was false. The perpetrator must have been aware that they were taking part in a deception that would result in the loss of property of the rightful owner.
The deception that resulted in the transfer of property must have been passed on as A past fact, or a fact that pertains to the present. In other words, a person cannot be charged with committing a crime of false pretense based on promises they make about the future. The perpetrator must have taken part in deception about an actual and existing fact.
Any promise made about the future is not based in fact because nobody can know for sure what will happen in the future. In contrast to robbery, this crime involves the actual transfer of ownership, rather than simple possession. In addition, the property must have some pecuniary significance. The property must have some monetary value, no matter how small.
The perpetrator must also have intent to defraud the victim. In other words, the perpetrator must have had the motive of gaining the rights to a piece of property by taking part in deception that would affect the rightful owner of that property.
If however, the rightful owner had suspicions about that specific deception, no crime has been committed because they were not actually deceived. A person that has doubt and transfers the property anyway has not been deceived, and therefore, the actions necessary to complete a crime of false pretense have not been met.
Crimes of false pretense have changed names as laws change, but the basic premise remains the same. In the Theft Acts of 1968 and 1978, the United Kingdom’s government sought to better define crimes of theft. Crimes of false pretense have also been known as crimes of deception, or crimes of fraud. Whatever they are known as, the results are the same. A perpetrator deceives the rightful owner of a valuable piece of property into giving up those property rights.
Larceny
Larceny is a crime in which the perpetrator gains possession of a piece of property, but not ownership rights. The larcenist takes possession of the property without permission from the owner, or with permission of the owner but for purposes contrary to that permission.
The perpetrator may have asked to borrow a piece of jewelry for some specific event and instead sold that piece of jewelry even though they did not have ownership of that jewelry. The perpetrator did have permission to possess the jewelry, but only for a certain period of time. They were also expected to return the jewelry.
A person is also guilty of larceny if they take part in asportation of property. Asportation is the movement of property that a person does not have possession rights to. For example, a person may own a vehicle that has been impounded because a ticket has not been paid. The owner does not have possession rights of that vehicle. If that individual were to go to the impound lot and move the car, they are guilty of asportation.
Another principle involved in larceny is that the perpetrator takes possession of a piece of property to which another individual has possession rights. In other words, a person is not guilty of larceny if they take possession of a piece of property that has been abandoned or discarded.
However, an individual that takes possession of a piece of property that may have been lost could be guilty of larceny if they do not make reasonable efforts to reunite that property with the person that has possession rights.
The perpetrator must also intend to permanently deprive a person of possession of the piece of property. For example, a person that finds a piece of jewelry and picks it up to bring home is not yet guilty of larceny. That individual may be bringing that piece of property home in order to make an attempt to find the owner.
That person must take the item home and make no attempt to find the individual that has possession rights before they could be guilty of larceny. That fact can sometimes be difficult to prove. Perhaps, if that individual were to wear that piece of jewelry, it could be assumed that they intended to permanently deprive someone of that property.
There are many types of larceny but all involve some of the same elements and all involve an individual taking possession of a piece of property of which they do not have the possession rights. There are some individuals that take possession by acts of stealth.
A pickpocket commits larceny by stealth because the crime is often undetected until much later. In other words, larceny by stealth involves a perpetrator that is not witnessed during the commission of the crime. Although people may have actually seen the pickpocket, they probably did not realize that the crime took place.
Theft by an employee or servant can also include stealth, but it does not have to. Theft by employees is rather common. Office supplies are frequently taken home by employees with a purpose that does not involve work. Even employees that use their work phone to make long distance calls that are not in reference to their job are guilty of petty larceny. Employees that steal items such as printers would be guilty of grand larceny.
Theft by bailee also involves theft by employees, but under different circumstances. Bailees are often hired to transfer property from one person, to the person that has obtained possession rights of that property. Although the bailee is granted temporary possession rights, they do not have the right to not deliver that property to the individual that has possession rights.
For example, a trucker that has been hired to transfer toys from a warehouse to a toy store does not have the right to remove even a single toy from that delivery. If the trucker were to remove anything from that shipment, that would be considered theft by bailee.
Theft by a finder involves a person finding a piece of property for which they know they do not have possession rights. If that person can reasonably believe that the property has been abandoned, then no crime has been committed. If, however, that person believes that the property has been lost or misplaced, they must make a reasonable effort to reunite the property with the person that has possession rights in order to avoid larceny charges.
One of the most common forms of larceny is larceny by trick. In that type of larceny, the perpetrator is granted possession rights, but takes possession for a purpose contrary to that for which permission was granted. For example, a person that borrows a car for a doctor’s appointment, but instead uses it to rob a bank, would be guilty of theft by deception, among other charges.
Armed Robbery
Armed robbery is generally the charge against a perpetrator that utilizes a weapon during the commission of a robbery. Robbery is the taking of property through the use of force, or threat of force. Armed robbers use a weapon to gain victim compliance.
In fact, armed robberies do not even have to present a weapon to face the most serious of robbery charges. For example, a robber that pretended that a hand in his pocket held a gun would be charged with armed robbery. In order to be charged with armed robbery, the victims must simply believe that the robber had a deadly weapon and acted accordingly.
Prosecution for armed robbery will vary according to each jurisdiction. Bank robberies that include the use of a weapon will be prosecuted by the Federal Government. In fact, any bank robbery is considered a Federal crime because the Government insures banks, and therefore, bank robbery is a Federal crime.
Banks and other institutions have taken many precautions to prevent robbery. Many buildings now have double doors that can trap a robber while they try to escape. In addition, many buildings now have twenty-four hour surveillance so that no one can enter undetected. There are also silent alarms in many buildings which employees can hit without alerting the criminal.
Homes and businesses should take similar precautions to avoid becoming the victim of an armed robber. While homes may not have metal detectors, they can add security such as alarm systems. Any structure should also be clear of easy hiding spots for robbers such as shrubs and darkened areas.
Statistics indicate that most armed bank robberies occur in the early morning hours, especially on Fridays, whereas armed robberies of businesses tend to happen in the late evening hours. Those statistics will vary according to the security and other precautions of businesses attempting to prevent such crimes. Armed robbers, like other criminals, look for an easy target.
Aggravated Robbery
Robbery is very similar to other crimes, but it has some defining characteristics. The crime of robbery involves a perpetrator taking property from the person that has possession rights to the property while using force or threatening the use of force.
The robber generally comes face to face with their victim, unlike a burglar. In many jurisdictions, there is no distinction between armed robbery and aggravated robbery.When there is a distinction made, it is generally that aggravated robbery includes the threat of force in the absence of a deadly weapon being presented or threatened.
In either case, aggravated robbery generally has sentencing guidelines similar to armed robbery, depending on other intervening factors of the crime. Aggravated robbery can also include a felony murder charge. If a victim dies as a result of the commission of any felony crime, the charge will be felony murder. Generally, charges of that nature include a sentence of life in prison.
Aggravated robbery can also result in kidnapping to aid the perpetrator in escaping from law enforcement or any one that is in pursuit. If the victim is transported across State lines, the charges will be prosecuted in Federal court.
Aggravated robbery is a violent felony and can often occur in addition to other violent crimes. Unfortunately, the mind set of many of the perpetrators is that once they have begun the crime, there is no turning back. Therefore, they are likely to do anything that will help them escape, including killing innocent bystanders or law enforcement that are in pursuit.
Aggravated robbery is a serious offense in the United States that carries severe legal consequences. Robbery is considered a violent crime, and when weapons or other aggravating factors are involved, it becomes an aggravated robbery. In this article, we will explore the aggravated robbery statutes in the United States, including the legal definitions, penalties, and defense strategies.
Aggravated Robbery Defined
Aggravated robbery, also referred to as armed robbery, is a robbery that involves the use of a deadly weapon, such as a gun, knife, or even a broken bottle. Additionally, the use of physical force, or the threat of physical force, against the victim during the commission of the robbery can also elevate it to an aggravated robbery charge. According to the Uniform Crime Reporting Program (UCR), there were over 267,000 robberies reported in the United States in 2019, with almost half of them involving some form of a weapon.
Under United States law, robbery is considered a felony crime. An aggravated robbery is an even more serious legal charge than a simple robbery due to the additional use or threat of force. The penalties for aggravated robbery can include significant fines and imprisonment, even life imprisonment, depending on the severity of the crime.
Penalties for Aggravated Robbery
Penalties for aggravated robbery vary based on the state in which the crime occurred, the seriousness of the crime, and the accused’s criminal history. Generally, the penalties for an aggravated robbery conviction include both monetary fines and imprisonment.
In most states, aggravated robbery is classified as a first or second-degree felony, with first-degree aggravated robberies being the more serious of the two. Depending on the state and the circumstances, a first-degree aggravated robbery can carry a prison sentence ranging from five to thirty years. In cases where there are significant injury or death to the victim(s), the sentence can be even more severe, including life imprisonment or a sentence of death. Second-degree aggravated robbery charges can come with lesser penalties, with a prison term ranging from two to ten years.
Many states also have minimum sentence laws or mandatory minimums for aggravated robbery, which means that there is a set minimum prison sentence for certain types of aggravated robberies. A minimum sentence for robbery may be imposed when certain aggravating factors exist, such as the use of a firearm or the injury of the victim.
The severity of the crime and the level of discretion of the judges in sentencing can sometimes result in a wide range of sentencing outcomes in each case. In certain cases, such as involving juvenile offenders, there may be lighter sentencing guidelines. Additionally, several legal defense strategies are possible for individuals accused of aggravated robbery and can result in a reduced sentence or even an acquittal.
Possible Legal Defense Strategies
There are several potential legal defense strategies available for individuals accused of aggravated robbery, depending on the circumstances of the case. Below are some defenses that may be applicable:
1. Lack of Intent
In some cases, the accused may claim that they lacked the intent to commit the robbery, resulting in the evidence not supporting the fraud charges. If the defendant can show that they did not intend to commit robbery and that a misunderstanding or mistake occurred, such a claim can result in an acquittal or reduced charges.
2. Misidentification
A common defense used in robbery cases involves claiming that the accused was mistakenly identified as the perpetrator. The defense may argue that the prosecutor has not provided enough evidence to positively identify the accused, and that witness testimony may have been inaccurate or biased.
3. Self-Defense
Under certain circumstances, the defendant may be able to claim self-defense as a legal defense strategy. If it can be shown that the defendant reasonably believed that the victim was attacking them, they may use physical force to defend themselves. If the defendant can show that they used only the appropriate amount of force necessary for self-defense, their defense might be valid.
4. Insanity
If the accused can prove that they were severely mentally impaired or mentally ill at the time of the robbery, they may use an insanity defense. If the court concludes that the accused was unable to comprehend that their actions were wrong, they may absolve some or all of the defendant’s criminal liability.
5. Coercion
The accused may claim that they were coerced or compelled to commit the robbery under duress or the threat of violence. If the defendant can prove that they had no choice in the matter and were under duress to commit the robbery, it can result in a reduced sentence or an acquittal.
Conclusion
An aggravated robbery charge is a very serious charge, and the consequences of a conviction can be significant. Individuals facing charges of aggravated robbery should consult with an experienced criminal defense attorney who can discuss the facts of their case, the law involved, and the potential legal defense strategies available. With adequate preparation, the right defense counsel, and an understanding of the severity of their charges, individuals accused of aggravated robbery can navigate their proceedings and receive the best possible outcome.
Bank Robbery
Bank robbery continues to be a problem across the United States and in other countries as well. It is believed that Iraq has one of the highest incidences of bank robberies in the world. Yet, the United States has a fairly high rate as well. Bank robbery is a Federal crime which incurs very harsh sentences. Those sentences can be affected by the seriousness, or degree of the crime.
In cases where perpetrators carry or use a deadly weapon, it is first degree bank robbery and that incurs some of the most serious sentences. This is especially true if anyone is injured or killed as a result of the crime. If an individual dies as a result of the actions of the perpetrators, even by accident, the charge is felony murder.
The felony murder rule allows perpetrators to be charged with the crime for any death that would not have occurred except for the commission of the crime. For example, a pedestrian that is struck and killed by an officer in pursuit of the suspects can be charged as a felony murder.
Sentences for perpetrators will vary based on many factors. For famous bank robberies from the “era of public enemies,” the sentence was death. While their deaths occurred very publicly, Dillinger and Bonnie and Clyde were all killed as a direct result of their crimes which included bank robbery. Dillinger and Bonnie and Clyde were just several of the famous bank robbers that committed a wide array of crimes during the Great Depression. As a result of their crimes, bank robbery is now considered a Federal crime and is subject to time in Federal prison.
At the time that the famous robbers perpetrated their crimes, the sentences were much lighter if the perpetrators were able to avoid being gunned down by law enforcement, which was common practice at the time. That practice was especially common when perpetrators were believed to be responsible for the death of officers, of which both Dillinger and Bonnie and Clyde were accused.
There are many famous bank robberies. The robbery of the Central Bank of Iraq is said to be the largest cash heist in history. The robbery was successful and included no deaths and very little planning. Saddam Hussein’s son simply handed bank employees a note from his Father, and in turn, he was handed the money without incident, whereas, the robbery of Security Pacific Bank was perpetrated with extreme and deadly violence.
The robbers admitted that they had planned to die rather than be apprehended by police. That fact became evident as a police pursuit ensued after the robbers’ suspicious activity was reported to police. The firepower in possession of the robbers would never have been outperformed by the weapons that the officers had in possession. The robbers also carried bombs which they hurled at officers during the pursuit. The robbers gave no thought to injuries or deaths that would result from their crime.
That robbery resulted in more effective weapons for officers, as well as better training. Previously, officers had basic weapons that were usually effective. However, the availability of illegal and extremely powerful weapons in certain areas of the country made it necessary for officers to carry more powerful and deadly weapons. Training was also increased to include the possibility of such powerful weapons being used by perpetrators.
Regardless of the type of bank robbery, there is an impact on society when such crimes occur. Although most bank robberies take place in the early morning hours at banks that are in highly populated areas, they can take place anywhere. Bank robberies that are especially violent receive a lot of media attention which sometimes instills a sense of fear and panic among the general public.
In addition, society is forced to pay higher bank fees to pay for the added security necessary to avoid such crimes. While bank robberies are occurring at a slightly greater pace, the rate of apprehending suspects remains stagnant.
While bank robberies are solved at a fairly high rate, many bank robbers are never apprehended. In addition, a large percentage of the money stolen form banks is never recovered.
Piracy
The origins of the crime of piracy can be traced to maritime piracy. Maritime piracy is an ancient crime that still occurs with great frequency even today. Pirates often attack vessels with the purpose of committing a crime while on board. In the past and even today, some pirates boarded ships with the purpose of holding hostages for ransom. In addition, many pirates board ships illegally with the purpose of stealing any cargo on board.
With the use of recent technology, pirates can trace ships until they are in water over which the pirates have control. The pirates are also frequently aware of what type of cargo is on board ships. Many deaths have resulted from maritime piracy and many countries have begun to work together to prevent such crimes in international waters.
There are many types of piracy. Copyright infringement is very common. Many times, the perpetrators will violate a copyright in order to make copies of artistic material in order to sell those copies and make a profit. For example, an individual may make copies of a CD and sell them for less than the price of obtaining a legal copy. There are also people that videotape movies while they are in the theater, which is also a violation of copyright laws.
It is sometimes difficult for copyright infringement to be prosecuted. Enforcing the laws is difficult because of the widespread availability of emerging technology. The equipment necessary to take part in piracy is fairly inexpensive, especially when compared to the potential profit from the crime. Law enforcement may be able to prosecute the person that is selling illegal copies of material, but they will likely be unable to locate the head of the crime ring. Generally, individuals involved in piracy are part of a large underground network that employs many levels of people.
Music is one of the most pirated types of artistic material. In fact, it is rather easy to obtain illegal copies of music. On the streets of most cities, there are individuals that sell illegal copies of CD’s en mass. They are also likely to have copies of music that the artist never intended to be available for sale. The Internet also aids in helping individuals obtain free or low cost copies of music illegally. In fact, many people are guilty of music piracy without even realizing it.
Lawsuits involving music sharing websites were aimed at educating the public as to the laws regarding music piracy. The campaign was partially effective, teaching citizens about copyright infringement. However, the crime continues at a very high rate.
Piracy involving television and film also runs rampant. Copies of movies are sometimes made available by criminals before the movie is even released. Producers make copies of their movies available to judges for awards such as the Golden Globes. Those copies are sometimes illegally obtained by individuals that then make copies of the movie and sell it for a large profit.
The reality is that even when pirated movies are sold at a deep discount, pirates still make a large profit. Conversely, movie studios have a difficult time making a profit after the costs associated with making and advertising a film. This is especially true when many people chose to view an illegal copy of the movie rather than see it in the theater. The Internet makes it very easy for individuals to purchase pirated copies of artistic material. In fact, many items are available for free on the Internet.
Burglary
Burglary involves the illegal entry of a structure with the intent of committing another crime. The other crimes include a number of possible intents. For example, a burglar may enter a structure with the intention of kidnapping a victim and holding them for ransom. While the crime of burglary can include violent offenses, the other crime is usually theft. The possibility of varying intents is the reason that burglary is considered an inchoate offense.
An inchoate offense in one that is committed with the purpose of committing another crime. Burglary, as an element of other crimes, can precede murder, assault, sexual assault, kidnapping, and murder. In fact, burglary can result in numerous other offenses.
Theft is not an element required for a crime to be classified as burglary. Burglary is simply the entering of a structure, in the absence of permission to enter said structure. Burglary can even be charged against an individual that has permission to enter a structure, but does so with a purpose contrary to that for which permission was granted.
The charges against a burglar will vary depending on many factors. The laws that govern burglary will vary according to jurisdiction and differ slightly in each State. The differences often become evident when examining the sentencing guidelines within each jurisdiction.
In some states, nighttime burglary receives a much harsher punishment than a similar crime during the day. In addition, the crime that proceeds the burglary will greatly effect the sentence of the perpetrator. Burglars generally receive a less harsh punishment than robbers. The difference between the crimes can be great.
First, robbers come face to face with their victims and use the threat of force, or actual force, in order to get victims to comply with their demands, whereas burglars generally do not come face to face with their victims, depending on the nature of their proceeding crime. Obviously a burglar that intends to assault, murder, or kidnap a victim will likely receive a much harsher punishment than a robber. But the distinction between the two crimes can blur at sentencing because they are both felonies and both crimes can end up being equally violent.
Federal Burglary Law
In most cases, burglary is governed by State laws. In fact, burglary can be charged in varying degrees, based on several factors, including the time of day, presence of a weapon and injury to any victims. In any case, each State makes determinations about the degree of burglary and about the length of sentences imposed for such a crime.
In each State, burglary in the first degree will incur the harshest penalty because it will be considered the most violent of burglaries. However, due to the nature of burglary as an inchoate offense, other crimes often proceed the burglary.
There are are numerous crimes that are a result of burglary. For example, an individual that breaks and enters to scope out a bank in order to rob it at a later date is only guilty of burglary. Even if that individual simply wandered into an area of an open bank in which they had not been granted access, they are still guilty of burglary because they entered the area in the absence of permission. Because banks fall under Federal jurisdiction, that individual would be subject to Federal laws as they apply to burglary. In general, burglaries of that type incur much harsher penalties and include time in Federal, as opposed to State, prisons.
Protecting Your Home
Statistics indicate a large increase in property crimes. Unfortunately, that increase includes the use of violence or force to complete thefts. The best way for home and business owners to avoid becoming a statistic is to offer adequate protections to their home and valuables.
There are various ways to protect structures. First and foremost, alarm systems that are properly installed greatly reduce the chance that a structure will be selected by a burglar. In fact, structures that have working alarms are significantly less likely to be targeted by criminals.
In general, burglars are looking for an easy target, which also allows them to stay out of view while they commit the crime. For that reason, structures should be clear of easy hiding places. Although trees and shrubberies can offer privacy to homeowners, they are also very effective hiding places for criminals. In addition, many homeowners leave valuables out in view, which can be enticing to criminals.
There are many other factors to consider when attempting to protect one’s property. Many times, employees of some types of companies work as informants to criminal rings. For example, the company that comes to clean rugs may employ an informant that works for a criminal ring. In addition, many criminal rings also take part in owning legitimate companies in order to gain easy access to structures while appearing legitimate.
In order to avoid the potential for this type of activity, homeowners should purchase a safe and install in a place where it is easily concealed. Most burglars will not bother with safes, unless they know what it contains. Homeowners should seek the advice of several companies before deciding on an alarm system. In addition, having the advice of two companies allows homeowners to have added protection.
Looting
Looting is a crime that takes place when the owner of a structure, or piece of property, is unable to protect that structure or the contents of that structure and individuals remove items during that time. There may be many reasons that the owner is unable to protect their property. Looting frequently takes place during and after war, during natural disasters and events such as blackouts.
Archaeological looting is also a common practice. Looters will often damage archaeological sites in order to take artifacts that they believe have monetary value. On occasion, archaeological looters are hired to locate specific types of artifacts and those looters will destroy any other artifact that gets in their way.
Prosecution of looting will vary by jurisdiction and also by type. Looters that were arrested after Hurricane Katrina were prosecuted at differing levels, depending on the nature of the crime. In fact, many looters were never prosecuted because they were simply trying to survive.
Those looters took only items that were necessary to ensure survival of their loved ones, such as food, water and medical supplies. However, there were those that looted expensive items, such as electronic equipment, in order to make a profit. There were also members of law enforcement that were caught looting at times when they should have been offering protection and help to the general public. In both cases, perpetrators were prosecuted to a higher extent than those that looted to survive.
There are several types of looting. Archaeological looting is rather common, partly because it is difficult to properly secure archaeological sites. Many times those sites are located in an area that is not heavily populated and locals often have the knowledge of how to get to the site without being seen by others. Native American archaeological sites are often looted and vandalized. Artifacts that can be found at those sites are often coveted, especially by private collectors.
There are also many other famous cases of looting. Some people classify crimes such as those committed by Goldman Sachs, as industrial or white collar looting. In that case, employees of the company are accused of looting from individuals that chose to invest with the company. In other words, the employees took the money from investors knowing that investments were going to fail. That could be classified as looting due to the nature of the crime.
There have also been famous cases of looting during natural disasters. The earthquakes in Haiti and Hurricane Katrina resulted in similar instances of looting. In both cases, individuals could be found looting for profit. Both disasters also included violence in concurrence with looting.
However, both disasters also resulted in individuals committing crimes in order to ensure the survival of their families. Many times, individuals had no other options to obtain the basic supplies necessary for survival. There was no clean water and food was scarce. Those types of circumstances can result in people taking part in activities that they would otherwise not, such as looting.
There are also famous cases of looting that resulted from war. The Nazi plunder, Yamashita’s gold, and looting during the Iraq war, all represent looting that was perpetrated with the intent of making a profit from the stolen property. Government and military officials, with the aid of ordinary citizens, often planned looting on a mass scale. Museums, banks, personal residences, and other structures were looted while the war continued. Many citizens that had nothing to begin with found that they had even less because of looting.
During wars, basic supplies were very expensive and people often traded anything of value for those supplies. Unfortunately, many families found that their items of value were systematically looted while their homes were unprotected. In addition, many people were murdered while trying to protect their property from looters. Conversely, many citizens take part in looting during war because they have no other way to get the basic supplies for survival.
There have also been famous cases of looting that resulted from political events such as the Rodney King riots or the New York draft riots. In both cases, citizens became outraged by a politically-charged event and reacted by taking part in riots. Those riots culminated in extreme violence that resulted in the destruction of many structures. In addition to arson, and other forms of property damage, there was also mass looting. The mob mentality seemed to spread rapidly among rioters and looting took place on a massive scale.
Robbery is a serious crime that can lead to imprisonment and hefty fines in many countries around the world. While many countries have similar laws and consequences for robbery, there are differences in how each country approaches and enforces their laws. In this article, we will compare and contrast robbery laws in Mexico and Canada, two North American countries with unique legal systems.
Mexico Robbery Laws
Mexico has a complex legal system, which can make it challenging for those not familiar with its laws to understand its terminology. Mexican criminal law differentiates between various types of robbery, depending on the use of force, weapons, and other factors. In general, robbery in Mexico is defined as the act of taking something by force or threat of violence. The country’s federal penal code defines robbery as “the act of violently or secretly taking someone else’s property without his/her consent, with a purpose to appropriate it.”
There are two primary types of robbery recognized in Mexican law: simple robbery and aggravated robbery. The former is a nonviolent crime that involves the use of threats or persuasion to deprive someone of their property. The latter, aggravated robbery, involves violence, the use of weapons, or causing injury to the victim(s). Aggravated robbery is also applied in cases where the perpetrator used a vehicle to commit the theft and in those where multiple individuals carry out the robbery.
The consequences of committing robbery in Mexico can be severe. For simple robbery, the offender can be sentenced to imprisonment for up to six years, along with fines. However, if the robbery is aggravated, the prison term can range from five to fifteen years. Additionally, the offender will be required to pay restitution to the victim. If the robbery involved any physical injuries or deaths, the sentence could be extended to up to 30 years of imprisonment.
Mexico also has strict laws regarding the purchase and possession of firearms, which means using a weapon while committing a robbery leads to additional charges for possession of an illegal weapon. According to Article 83 of the Federal Law of Firearms and Explosives, those caught in possession of a firearm without a permit or using their weapon during a crime can be sentenced to imprisonment from five to thirty years.
Canada Robbery Laws
In Canada, robbery is defined as the act of stealing anything from someone using violence, threats, or the use of a weapon. Canadian law recognizes two types of robbery – simple and aggravated. Simple robbery is a theft committed with the use of force or threat of violence, while aggravated robbery is an act of robbery that includes the use of a weapon, causes harm to the victim, or involves multiple people.
The severity of the crime is a significant factor in determining the sentence for robbery in Canada. Depending on the circumstances, a robbery conviction can lead to up to life imprisonment, and offenders may be required to serve at least a third of their sentence before being eligible for parole. The key principle behind Canada’s criminal code is to impose a criminal sentence that acknowledges the seriousness of the crime and helps impair or deter future offenders.
Sentencing is not the only consequence of a robbery conviction in Canada. Offenders may face additional charges for simple assault or assault with a weapon if they use force while committing the robbery. These charges can carry additional prison sentences and fines.
Robbery prevention and investigation in Canada also vary depending on the province or territory. Serious incidents may be investigated by the Royal Canadian Mounted Police (RCMP) or other federal agencies, while local police may handle day-to-day robberies. Additionally, some provinces and territories may have specialized robbery units within their police departments. In all cases, police investigate the scene, secure evidence, interview witnesses, and attempt to identify the offender.
Mexico vs. Canada: A Comparison
While Mexico and Canada both recognize similar types of robbery, there are some key differences in how the two countries handle the crime. Here are some of the primary differences:
1. Consequences: The consequences for aggravated robbery tend to be stricter in Mexico. In Canada, the maximum sentence for robbery is life imprisonment, while in Mexico, it can be up to 30 years. Furthermore, the offender may be required to pay restitution to the victim, which can be seen as a type of punishment in itself.
2. Firearms: Mexico has stricter laws regarding firearms and explosives than Canada. In Mexico, offenders who use a firearm during the robbery may face an additional five to thirty years in prison. In Canada, the sentence is usually longer for using a weapon in the offense, but the charges for possessing a firearm without a permit are not as severe.
3. Investigations: The Canadian legal system tends to be more transparent than the Mexican system, which is known for its complexity. In Canada, investigations are conducted by local police or specialized units, which increases the likelihood of success in catching the offender. In Mexico, investigations may be handled by federal or state authorities, which can make it more challenging to track down the perpetrator.
4. Sentencing: While Canadian laws are more focused on rehabilitation, Mexican laws tend to emphasize punishment. For example, Canadian courts can take into account the offender’s personal circumstances, such as mental illness or drug addiction, when determining their sentence. Mexican courts, on the other hand, are more likely to impose harsher sentences without considering the offender’s background.
Conclusion
Robbery is a severe crime that can lead to imprisonment and significant fines in both Canada and Mexico. While the laws differ slightly, both countries have strict laws regarding the use of weapons in the commission of a robbery. Additionally, both countries take the crime of robbery quite seriously, and law enforcement agencies across the board will prosecute to the fullest extent of the law. For anyone considering committing this crime, it is essential to be aware of the consequences and to understand that the odds of getting caught and punished are quite high.
