Robbery is the taking or attempting to take anything of value such as money or property from their owner without permission using force or threats of force. This is considered to be both a theft offense and a violent offense, and it is critical to have a criminal defense lawyer handling your case as soon as possible.
Elements of the Crime of Robbery
A person commits robbery if the following elements are present in their conduct:
Taking money or property:
- with the intent to permanently keep the money or property
- without permission or consent by the owner of the money or property
- using force or intimidation
For robbery to be deemed to have occurred, the victim must be present. This is implied in the elements of the crime as one must use or threaten the use of force against the owner of the money or property they are taking or trying to take without the owner’s permission using force or threat of force.
Elements of the Crime of Theft
The crime of theft in California is defined as stealing property by larceny, false pretense, or embezzlement, with the intent to permanently deprive the owner of the property. The crime covers a wide range of criminal offenses, but all have or must have the same elements for conviction, and these are:
- taking another person’s money or personal property without permission
- carrying the money or property away, and
- with the intention to permanently keep the money or property.
Unlike in the robbery case, a victim of theft need not be present for the crime to be deemed a theft. Rather, a person can commit the crime by taking money or property that is not attended to by its owner or representative. For example, if there is cash on a table at a restaurant and one takes the cash away, that is theft.
The crime of robbery, therefore, has the elements of both theft and robbery. The FBI’s Uniform Crime Reporting (UCR) Program classifies robbery as a violent crime of the same degree of depravity as murder, forcible rape, and aggravated assault.
Although robbery is a form of theft, the crime is significantly more serious and dangerous because of the use of force or intimidation. For this reason, the consequences for the crime of robbery are more severe than just theft.
Call A Riverside, CA Criminal Defense Attorney
If you have been charged or are facing robbery charges in Riverside, it is important to know the government has the burden of proving each element of the crime. With an experienced criminal defense lawyer on your side, such as we have at Delimon Law, you can rest assured your case will be handled in the best possible manner.
There are many things we can do for you to make sure the outcome of the case is as good as can be, given the facts and circumstances surrounding your case. These include challenging the evidence the government purports to have against you and, in some cases, negotiating with the government to find a resolution of the case that meets the demands of justice and accountability.
If you have questions or need help with your robbery case, contact our office for a free consultation.