Robbery Defined

There are several different crimes that relate to the unlawful taking of another person’s property, including robbery, burglary, embezzlement and several others. These crimes are distinguished from one another by the way in which the property was taken. Burglary is the taking of property by illegally entering a structure, such as a home or a commercial building. Embezzlement is taking money or property from an employer.

Robbery is taking someone else’s property through violence, force or intimidation. Any one is enough to meet the standard for a robbery, so using a credible threat of violence to steal property is a robbery, even if no actual violence occurs. To qualify as a robbery, the property must be in close enough proximity to the victim that he could have prevented the property from being taken without the violence or intimidation. If one person physically detains a person at one location while an accomplice takes items from the victim’s home several miles away, the victim is not close enough to his property to have prevented the taking. In this instance, several crimes have been committed, but robbery is not one of them.  

Robbery differs from the other property theft crimes, in that it is always a felony, while the others can be felonies or misdemeanors. Since robbery is also the only property theft crime that requires a direct confrontation between the perpetrator and the victim, robbery can be a much more traumatic experience for the victim than a burglary or theft.

Burglary and other property crimes can be misdemeanors when the value of the stolen property is less than the amount required by the state for grand theft. Because of the violent nature of robberies, they are felonies regardless of the value of the property.

There are two types of robbery: strong-arm robbery and armed robbery. Strong-arm robbery occurs when the offender uses simple physical force or assault to carry out the theft. Armed robbery involves the use of a gun or other deadly weapon. Both types of robbery are considered violent felonies and carry punishments of up to 10 years in state prison. Many states also have gun enhancement laws, meaning the use of a gun during a robbery will automatically add up to 20 years to the sentence.

Robbery is a serious crime with harsh consequences that can stay with a person for the rest of his life. When faced with a robbery accusation, immediately contact a criminal defense attorney.