Robbery is a serious offense and one that carries with it the significant threat of a loss of freedom or other value. Please don’t let yourself get caught up and deprived of your rights. Call Mr. Patel and he will help you ensure that you are treated fairly and correctly by the system. Mr. Patel has been practicing as a California Robbery Attorney for many years. He is among the top rated Robbery Lawyers in Irvine, CA.

Robbery: Definition and Background

Many states define robbery as theft/larceny of property or money through the offender’s use of physical force or fear against a victim. Where a deadly weapon such as a gun is used or the victim suffers injury, the robbery may be charged as “armed” or “aggravated.” Unlike burglary, the crime of robbery almost always requires the presence of a victim who suffers actual injury, or is threatened with harm.

For example, Dan approaches Victor from behind, demanding Victor’s wallet while pressing a hard object into his back. Fearing that Dan has a gun, Victor gives up his wallet. If Dan did use a gun, or if Victor suffered an injury, the charge would likely be elevated to “armed” or “aggravated” robbery.

United States law regarding robbery has its roots in the common law that we inherited from the English legal system. While most states have codified their robbery laws in their penal codes, in the absence of such a statute the common law definition would still apply.

The Elements of Robbery

The penal codes of each state define robbery in different ways, but the definitions contain the same basic elements. Robbery generally consists of:

• The taking, with the intent to steal, of;
• the personal property of another;
• from his or her person or in their presence;
• against his or her will;
• by violence, intimidation or the threat of force.

Essentially, robbery is theft accomplished by violence or the threat of violence. Since this element of force sits at the core of robbery, a vital question in a robbery prosecution concerns the timing of the violence. If, for example, the violence only occurs as the robber attempts to escape from the discovered scene of a theft, the charges brought might include larceny and resisting arrest, but not necessarily robbery.

The use or threat of force can also be slight, and the amount required to turn a theft into a robbery depends on the parties involved and the situation. If a small amount of violence or intimidation is enough to force the victim to turn over their property based on the natures of the victim and the assailant (if, say, the assailant is large and powerful and the victim is slight and elderly), then a robbery has occurred.

While the thief doesn’t have to use very much force in order to commit a robbery, a certain amount is still required. Purse snatchings, for instance, require some resistance by the victim before the theft rises to the level of a robbery. If the robber can remove the purse without any force in excess of what is required to simply take the purse off the victim’s person, then a jury may determine that no robbery has taken place.

Call the Law Offices of Kapesh V. Patel at (949) 440-3240 for a Free Consultation. We have experienced and qualified Robbery Attorneys in Orange County who serve all over Irvine, CA and Riverside, CA. So whether you’re looking to get in touch with Orange County Robbery Attorneys or Robbery Lawyers in Irvine, California, call the Law Offices of Kapesh V. Patel at (949) 440-3240 for a Free Consultation.