Putting the victim in fear of bodily harm is enough. Fear can be instilled by words or gestures, such as threatening the victim with a weapon. The threat of immediate bodily injury or death does not have to be addressed to the owner of the property. It can be passed on to a family member of the owner, other relatives, or even someone in the owner`s business. Violence or intimidation must either precede the theft or go hand in hand with it. Violence or intimidation after ingestion is not theft. However, if the violence occurs so soon after ingestion that it is part of the same transaction, the violence is legally associated with ingestion. Violence or intimidation, which is used after deportation and only as a means of escape, is not a sufficient basis for a difficult banking situation. The common law offence of robbery was abolished by section 32(1)(a) of the Theft for Any Purpose Other Than Those Committed Before January 1, 1969.[23] The United Nations Office on Drugs and Crime notes that “when using the figures, any cross-border comparison should be made with caution because of the differences that exist between the legal definitions of crime in countries or the different methods of counting and recording crimes.” In addition, not all crimes are reported, so two things; (1) Robbery rates will appear lower than they actually are, and (2) The percentage of crimes that go unreported will be higher in some countries than in others – in one country, 86% of robberies were reported, while in another country, only 67% of robberies were reported. The last thing to keep in mind is that crime will vary depending on specific neighborhoods or areas in each country, so just because a national rate is a certain rate doesn`t mean that everywhere in that country retains the same amount of danger or safety.
In general, American criminal law inherited its definitions of theft from the common law from the English legal system. States have now codified theft laws in their criminal codes, and different lawmakers have defined the crime slightly differently. In the United States, robbery is generally treated as an exacerbated form of common law theft. Specific elements and definitions differ from state to state. The most common elements of robbery are: Types of robbery include armed robbery, in which a weapon is used, and aggravated robbery, when someone brings a lethal weapon or something that appears to be a lethal weapon. Street robbery or robbery takes place outdoors or in a public place such as a sidewalk, street or parking lot. Carjacking is the act of forcibly stealing a car from a victim. Blackmail is the threat of doing something illegal, or the offer not to do something illegal, in the event that the goods are not given, mainly with words instead of deeds. by force or threat of violence – the use of force or threat of violence is the determining factor in robbery.
For there to be theft, there must be “violence or fear” to commit the theft.[27] Questions about the level of violence required for the robbery have been the subject of numerous legal disputes. The mere act of snatching property from the person of the victim is not sufficient force, unless the victim resists or one of the objects is tied or transported in such a way that a significant part of the force must be used to release the object of the person from the victim. [Citation needed] Robbery usually carries a prison sentence. Only robbery with little harm and low guilt with other mitigating factors would lead to an alternative sentence in the form of a high-level community order. [20] The maximum penalty under the law is life imprisonment. [21] He is also subject to the mandatory sentencing regime under the Criminal Justice Act 2003. Current sentencing guidelines recommend that the sentence for high-harm robbery and high guilt with other aggravating factors should not exceed 20 years. States typically separate robberies to different degrees, depending on the severity of the crime. Personal property that is taken must have a certain value, but the amount of its value is irrelevant. The crime of theft can be committed even if the confiscated property has little value. The actual monetary value is not important as long as it appears that the property had some value to the stolen person.
The Federal Prosecutor`s Office for Bank Robberies has developed a rich history of jurisprudence that examines the nuances of the law. Breaking into an ATM, for example, may or may not constitute theft from the Bundesbank, depending on several real circumstances. A person is guilty of robbery if he steals, and immediately before or at the time of the action, and to do so, uses violence against a person or frightens a person or tries to frighten him, then and there to be subjected to violence. [3] Robbery is the crime of taking on something of value through violence, threats of violence, or fear of the victim, or trying to take on something of value. Under customary law, robbery is defined as the removal of another person`s property with the intention of permanently depriving that person of that property by violence or fear; That is, it is a theft or theft that is carried out by an attack. [1] The exact definitions of the offence may vary by jurisdiction. Robbery differs from other forms of theft (such as burglary, shoplifting, pickpocketing or car theft) in its inherently violent nature (a violent crime); Although many small forms of theft are punishable as misdemeanors, robbery is still a crime in jurisdictions that distinguish between the two. Under English law, most forms of theft are negotiable in one way or another, while theft is only possible on charges.