What is Robbery?
Robbery is the criminal activity of illegally, unlawfully, and illicitly possessing property belonging to another individual typically through violent or threatening means. While the act of Robbery falls under the overarching classification of Larceny, which is defined as the legal term for ‘theft’, Robbery includes violent tactics and methods utilized by the individual or individuals charged with Robbery. Furthermore, Robbery can be committed with regard to both tangible and intangible items.
Robbery Offense Profile
Legal Jurisdiction: Criminal Law, Property Law
Type of Crime: Felony
Criminal Code: Varies upon the location of the crime, including the applicable country, nation, state, or province
Range of Punishment(s): Fines, probation, associated penalties, or incarceration – varies upon case details
Duration of Punishment(s): Varies upon case details
Applicable Punishment(s): Varies upon individual intent, criminal record, criminal history, and the victim(s) involved. Aggravated Robbery charges can be classified as criminal activity conducted with malice aforethought, criminal activity involving elder or minor victims, or the use of a deadly weapon. Aggravated Robberies typically retain the most severe punitive recourse in the scope of Robbery charges.
Robbery Allegations: Terminology and Associated Offenses
The following are commonly associated with charges of Robbery:
Burglary: In the event of a burglary, the suspect will intrude upon the personal property belonging to another individual with the intent of theft. In the event of a robbery, there will typically be additional threats of violence or harm with regard to the theft itself. While breaking and entering falls under the category of burglary, robbery includes such offenses as muggings and armed robbery. As a result, robbery charges tend to be more severe than burglary charges.
Armed Robbery: The act of robbery involving threats of violence while utilizing a deadly weapon, which typically include the prospect of violence or harm contingent on the victim’s failure or refusal to cooperate with the demands of the assailant.
The Robbery Arrest Process
In the event that the prospect exists in which an individual is at risk for or has been arrested as a result of a Robbery charge, it is of the utmost importance that they are aware and mindful of the basic legality associated with the criminal justice system. Individuals who have been served documentation in the form of an arrest warrant displaying a Robbery charge, or have been arrested by law enforcement, are encouraged to cooperate with the arresting officers regardless of personal belief with regard to the charges.
Individuals under arrest will be given the opportunity to consult with legal specialists subsequent to the arrest process. Resisting or fleeing from a Robbery arrest can result in harm, injury, and additional penalties. Upon arrest, an individual should be made aware of the following in order to prevent any further complication(s):
Due Process with regard to a Robbery Charge
In the United States, due process is defined as the Government’s obligation to respect, maintain, and uphold the legal rights of its citizens in the event of an arrest. The Government must retain an individual’s human rights and liberties. This includes fair, respectful, and ethical treatment devoid of undue violence and harm.
Habeas Corpus with regard to a Robbery Charge
Subsequent to an arrest resulting from a Robbery charge, the notion of habeas corpus entitles all individuals to the right to a trial in a court of law. In addition, each individual is granted the right to legal representation. Pertinent details regarding any Robbery allegation should be discussed with a defense attorney specializing in criminal law and defense.
The Presumption of Innocence
In the event that an individual is arrested as a result of a Robbery charge, criminal law within the United States maintains the innocence of that individual unless they are found guilty within a court of law or they have admitted guilt on their own accord.
Upon the arrest for a Robbery charge, this is the standard arrest protocol that must be upheld by any and all arresting officers. Miranda Rights include the Fifth Amendment, which states that an individual retains the right to remain silent in order to avoid incriminating themselves. This is also known as ‘pleading the Fifth’. In addition, Miranda Rights also guarantee the following rights with regard to an arrest:
The right to remain silent
The right for any words spoken during the arrest to be admissible during a trial
The right to consult with an attorney regardless of financial stature
The acknowledgement that the individual arrested for the Robbery charge understands the aforementioned rights.
The Preparation of a Robbery Defense
In the event that an individual has been arrested on a Robbery charge, they are encouraged to observe the behavioral protocol of the arrest process. Individuals are encouraged to consult with attorneys specializing in criminal law and, if possible, those who focus on larceny legality. In the construction of a defense, the individual may be asked to provide the following:
The nature of the Robbery in question
The biographical information with regard to any and all victims of the Robbery
Any previous arrests and/or convictions
Evidence and witness testimony
A detailed account of the details surrounding the event in question
The inclusion of the name(s) of individuals involved
The arrangement for bail or bond