Each state has unique and specific criminal laws that govern crimes such as robbery. Each state will make sentence determinations based on the severity, or degree of the crime as prescribed by state specific laws. Every state defines general robbery as a theft completed with the threat of violence, or the use of force.
However, force and violence can be defined differently state to state. In fact, each state has the ability to self govern in regards to criminal law.
Yet, federal criminal law will always supersede state to state criminal law. Generally, the most serious robberies involve a weapon or assault that results in death or injury. However, felony murder charges can also be brought if an accidental death resulted from the crime because that result was foreseeable. In fact, felony murder charges can be brought in each state, even if the perpetrator did not intend the death.
The degree of crime is usually determined on a state by state basis. However, in all cases, criminal law defines first degree crimes, as the most serious of crimes.Second and third degree crimes are less serious crimes. In most states, robbery in the first degree involves the presence of a deadly weapon, or an injury suffered by the victim due to the actions of the perpetrator. That injury can even be sustained while fleeing the robber.
The crime is still first degree as the injury resulted from the actions of the perpetrator. Robbery in the first degree is usually called aggravated robbery or armed robbery depending on each state's criminal law. In either case, an injury or death is a real threat presented by the manner in which the perpetrator commits the crime. Robbery in the first degree is what most people perceive as the crime of robbery.
For example, a store employee that is threatened with a gun, and must comply with the demands of the robber, in order to avoid the threat of injury or death has suffered robbery in the first degree. While that is the most serious of robberies, individual determinations for sentencing are made on a state to state basis.
However, when weapons are involved, Alcohol Tobacco and Firearms (ATF) also has jurisdiction and the crime can include federal charges. Additional, federal criminal laws may apply of the perpetrators cross state lines during the commission of the crime.
State to state, robbery is considered a serious offense. However, perpetrators may be subjected to differing sentences as prescribed by each state's criminal laws. In addition, perpetrators may face more serious penalties as prescribed by federal criminal laws, depending on the nature of the crime.
