Strong arm robbery is a specific type of larceny that involves the use of threat, force, or intimidation to take someone else’s property. Unlike armed robbery, strong arm robbery typically does not involve a traditional weapon like a gun or knife. Instead, it might involve using an object that can be perceived as a weapon, or even just the threat of violence.
What Constitutes Strong Arm Robbery?
Larceny, at its core, is the unlawful taking of someone else’s property with the intent to permanently deprive them of it. Strong arm robbery elevates this by incorporating the element of threat or force. For example, if someone robs a bank and claims to have a gun, even without displaying one, it could be considered strong arm robbery. Similarly, using physical force to snatch a purse or wallet also falls under this category.
Interestingly, strong arm robbery doesn’t always involve a real weapon. A person can be charged with this crime if they use an object that appears to be a weapon, or even a fake weapon, to intimidate the victim. For instance, handing a note to a bank teller claiming to have a gun, even if there isn’t one, still constitutes strong arm robbery because of the implied threat.
Legal Definitions and Interpretations
State laws can vary significantly in how they define and prosecute strong arm robbery. Generally, it involves the use of physical force or threats with hands, arms, feet, or other body parts to intimidate the victim and take their property.
For a crime to be classified as strong arm robbery, there must be an element of taking the property and carrying it away. This means that even if the property is only taken for a short duration, the crime can still be charged. For example, if a robber grabs someone’s purse and then discards it a few minutes later, they can still face strong arm robbery charges.
Strong Arm Robbery FAQ
- What is strong-arm robbery?
- Strong-arm robbery involves stealing using physical force or intimidation without weapons, typically through threats or physical confrontation.
- How does strong-arm robbery differ from armed robbery?
- Unlike armed robbery that uses weapons, strong-arm robbery relies solely on physical force or intimidation to overpower the victim.
- What are the penalties for strong-arm robbery?
- Penalties vary by jurisdiction but typically include prison time, fines, and probation, reflecting the severity and circumstances of the crime.
- Can you go to jail for strong-arm robbery?
- Yes, jail or prison sentences are common for strong-arm robbery, depending on the severity of the incident and criminal history.
- How is strong-arm robbery defined legally?
- Legally, strong-arm robbery is defined as taking someone’s property by violence or intimidation without using a weapon.
- What is the difference between strong-arm robbery and theft?
- Theft involves taking property without permission or knowledge, while strong-arm robbery involves force or threat during the act.
- What are some examples of strong-arm robbery?
- Examples include mugging someone on the street, forcibly snatching a purse or demanding someone’s wallet through physical intimidation.
- How can one defend against strong-arm robbery charges?
- Defenses may include proving lack of intent, mistaken identity, or that no force or intimidation was used during the incident.
- What should I do if I’m a victim of strong-arm robbery?
- Report the crime to the police immediately, provide all possible details, and seek medical attention if injured during the robbery.
- Is strong-arm robbery considered a violent crime?
- Yes, it is classified as a violent crime due to the use of force or threat of force.
- What evidence is needed to prove strong-arm robbery?
- Evidence might include victim testimony, surveillance footage, witness statements, and any physical evidence linking the accused to the scene.
- Can strong-arm robbery charges be reduced or dismissed?
- Charges can be reduced or dismissed based on weak evidence, procedural errors, or through negotiation by criminal defense attorneys near you.
- How long is the sentence for strong-arm robbery?
- Sentences can range from a few years to over a decade in prison, influenced by factors like prior convictions and injury to victims.
- What are the psychological effects on victims of strong-arm robbery?
- Victims may experience trauma, fear, anxiety, and a long-lasting impact on their sense of security and well-being.
- How do police investigate strong-arm robbery cases?
- Investigations typically involve gathering evidence, interviewing witnesses, reviewing surveillance videos, and using forensic methods to identify suspects.
- What is the statute of limitations for strong-arm robbery?
- The statute of limitations varies but generally ranges from three to six years, allowing time for charges to be brought forth.
- Can minors be charged with strong-arm robbery?
- Yes, minors can be charged, but they typically face juvenile court proceedings which focus more on rehabilitation than punishment.
- What are the legal consequences of a strong-arm robbery conviction?
- Consequences include imprisonment, fines, probation, and a permanent criminal record, which can affect future employment and civil rights.
- How does the court process work for strong-arm robbery cases?
- Begins with an arrest, followed by an arraignment, preliminary hearings, possible plea bargaining, trial, and then sentencing if convicted.
- Are there any famous cases of strong-arm robbery?
- Famous cases often involve celebrities or high-profile criminals, but specific details or names vary by location and media coverage.
Strong Arm Robbery Penalties by State
Strong arm robbery is typically classified as a felony, which means it can carry severe penalties, often including more than a year of imprisonment. The severity of the punishment can vary depending on the state and the specific circumstances of the crime. Here’s a look at how different states handle strong arm robbery. Strong arm robbery involves using force or intimidation without a weapon to commit theft. The specifics and penalties for strong arm robbery vary by state:
Under Code of Alabama Section 13A-8-43:
- Robbery in the third degree is a Class C felony, punishable by 1 to 10 years in prison and fines up to $15,000.
Under Alaska Statutes Section 11.41.510:
- Robbery in the second degree, involving force or intimidation without a weapon, is a Class B felony, punishable by up to 10 years in prison and fines up to $100,000.
Under Arizona Revised Statutes Section 13-1902:
- Strong arm robbery is a Class 4 felony, punishable by 1 to 3.75 years in prison and fines up to $150,000.
Under Arkansas Code Annotated Section 5-12-102:
- Robbery is a Class B felony, punishable by 5 to 20 years in prison and fines up to $15,000.
Under California Penal Code Section 211:
- Robbery involving force or intimidation without a weapon is punishable by 2 to 6 years in prison and fines up to $10,000.
Under Colorado Revised Statutes Section 18-4-301:
- Robbery is a Class 4 felony, punishable by 2 to 6 years in prison and fines up to $500,000.
Under Connecticut General Statutes Section 53a-133:
- Robbery in the second degree involves using or threatening force, punishable by up to 10 years in prison and fines up to $10,000.
Under Delaware Code Title 11, Section 831:
- Robbery in the second degree involves using force or intimidation, punishable by 2 to 8 years in prison.
Under Florida Statutes Section 812.13:
- Strong arm robbery, involving force or threats without a weapon, is a second-degree felony, punishable by up to 15 years in prison and fines up to $10,000.
Under Georgia Code Section 16-8-40:
- Robbery using force or intimidation without a weapon is punishable by 1 to 20 years in prison and fines determined by the court.
Under Hawaii Revised Statutes Section 708-841:
- Robbery in the second degree, involving force or threats without a weapon, is a Class B felony, punishable by up to 10 years in prison.
Under Idaho Code Section 18-6501:
- Robbery by force or fear is punishable by 5 years to life in prison.
Under Illinois Compiled Statutes 720 ILCS 5/18-1:
- Robbery involving force or threats without a weapon is a Class 2 felony, punishable by 3 to 7 years in prison and fines up to $25,000.
Under Indiana Code Section 35-42-5-1:
- Robbery involving force or threats without a weapon is a Level 5 felony, punishable by 1 to 6 years in prison and fines up to $10,000.
Under Iowa Code Section 711.3:
- Robbery in the second degree, involving force or threats without a weapon, is a Class C felony, punishable by up to 10 years in prison and fines up to $13,660.
Under Kansas Statutes Section 21-5420:
- Robbery using force or intimidation without a weapon is a severity level 5 felony, punishable by 31 to 136 months in prison and fines determined by the court.
Under Kentucky Revised Statutes Section 515.030:
- Robbery in the second degree involves using force or intimidation, punishable by 10 to 20 years in prison.
Under Louisiana Revised Statutes Section 14:65:
- Simple robbery involves using force or intimidation, punishable by up to 7 years in prison and fines up to $3,000.
Under Maine Revised Statutes Title 17-A, Section 651:
- Robbery without a weapon is a Class B crime, punishable by up to 10 years in prison and fines up to $20,000.
Under Maryland Code Section 3-402:
- Robbery using force or threats without a weapon is a felony, punishable by up to 15 years in prison.
Under Massachusetts General Laws Chapter 265, Section 19:
- Robbery involving force or intimidation without a weapon is punishable by up to 10 years in state prison or up to 2.5 years in a house of correction.
Under Minnesota Statutes Section 609.24:
- Simple robbery involves using force or threats, punishable by up to 10 years in prison and fines up to $20,000.
Under Mississippi Code Section 97-3-73:
- Robbery using force or threats without a weapon is punishable by up to 15 years in prison.
Under Missouri Revised Statutes Section 569.030:
- Robbery in the second degree involves using force or intimidation, punishable by 5 to 15 years in prison.
Under Montana Code Annotated Section 45-5-401:
- Robbery involving force or threats is punishable by up to 40 years in prison and fines up to $50,000.
Under Nebraska Revised Statutes Section 28-324:
- Robbery is a Class II felony, punishable by 1 to 50 years in prison.
Under Nevada Revised Statutes Section 200.380:
- Robbery without a deadly weapon is a Category B felony, punishable by 2 to 15 years in prison.
Under New Hampshire Revised Statutes Section 636:1:
- Robbery using force or threats without a weapon is a Class B felony, punishable by 3.5 to 7 years in prison and fines up to $4,000.
Under New Jersey Statutes Section 2C:15-1:
- Robbery involving force or threats without a weapon is a second-degree crime, punishable by 5 to 10 years in prison and fines up to $150,000.
Under New Mexico Statutes Section 30-16-2:
- Robbery involving force or intimidation is a third-degree felony, punishable by up to 3 years in prison and fines up to $5,000.
Under New York Penal Law Section 160.10:
- Robbery in the second degree, involving force or threats without a weapon, is a Class C felony, punishable by up to 15 years in prison.
Under North Carolina General Statutes Section 14-87.1:
- Common law robbery involving force or intimidation is a Class G felony, punishable by 8 to 31 months in prison and fines determined by the court.
Under North Dakota Century Code Section 12.1-22-01:
- Robbery is a Class B felony, punishable by up to 10 years in prison and fines up to $20,000.
Under Ohio Revised Code Section 2911.02:
- Robbery involving force or threats without a weapon is a third-degree felony, punishable by 9 to 36 months in prison and fines up to $10,000.
Under Oklahoma Statutes Section 21-791:
- Robbery involving force or threats without a weapon is punishable by up to 10 years in prison and fines up to $10,000.
Under Oregon Revised Statutes Section 164.395:
- Robbery in the third degree, involving force or intimidation, is a Class C felony, punishable by up to 5 years in prison and fines up to $125,000.
Under Pennsylvania Consolidated Statutes Section 3701:
- Robbery involving force or threats without a weapon is a felony of the second degree, punishable by up to 10 years in prison and fines up to $25,000.
Under Rhode Island General Laws Section 11-39-1:
- Robbery involving force or intimidation is punishable by 5 to 30 years in prison and fines determined by the court.
Under South Carolina Code Section 16-11-325:
- Strong arm robbery, involving force or intimidation without a weapon, is punishable by up to 15 years in prison.
Under South Dakota Codified Laws Section 22-30-1:
- Robbery involving force or threats without a weapon is a Class 2 felony, punishable by up to 25 years in prison and fines up to $50,000.
Under Tennessee Code Annotated Section 39-13-401:
- Robbery involving force or intimidation is a Class C felony, punishable by 3 to 15 years in prison and fines up to $10,000.
Under Texas Penal Code Section 29.02:
- Robbery involving force or threats is a second-degree felony, punishable by 2 to 20 years in prison and fines up to $10,000.
Under Utah Code Section 76-6-301:
- Robbery without a weapon is a second-degree felony, punishable by 1 to 15 years in prison and fines up to $10,000.
Under Vermont Statutes Title 13, Section 608:
- Robbery involving force or intimidation is punishable by up to 10 years in prison and fines up to $10,000.
Under Virginia Code Section 18.2-58:
- Robbery without a deadly weapon is punishable by 5 years to life in prison.
Under Revised Code of Washington Section 9A.56.190:
- Robbery involving force or threats without a weapon is a Class B felony, punishable by up to 10 years in prison and fines up to $20,000.
Under West Virginia Code Section 61-2-12:
- Robbery without a weapon is punishable by 5 to 18 years in prison.
Under Wisconsin Statutes Section 943.32:
- Robbery involving force or threats without a weapon is a Class E felony, punishable by up to 15 years in prison and fines up to $50,000.
Under Wyoming Statutes Section 6-2-401:
- Robbery involving force or intimidation is a felony, punishable by up to 10 years in prison and fines up to $10,000.
At the federal level, bank robbery is prosecuted under Title 18 Section 2113 of the United States Code. Conviction can result in up to 20 years in prison and fines up to $250,000.
Defenses Against Strong Arm Robbery Charges
Defending against strong arm robbery charges requires a strategic approach. Common defenses include:
- Innocence: Arguing that you did not commit the crime. The burden of proof lies with the prosecution to show beyond a reasonable doubt that you are guilty. If you can present an alibi, such as being out of state at the time of the crime, this defense can be effective.
- Intoxication: You may claim that you were under the influence of drugs or alcohol at the time of the crime, impairing your ability to form the intent to commit robbery. Some states allow this defense, while others do not, particularly if the intoxication was voluntary.
- Entrapment: This defense involves showing that you were induced to commit the robbery by someone else, such as an undercover police officer, and that you would not have committed the crime otherwise.
- Duress: If you were forced to commit the crime under threat of death or bodily harm, you might argue that you acted under duress.
Conclusion
Strong arm robbery is a serious crime that involves the use of threats, intimidation, or force to steal property. The penalties for this crime can be severe, ranging from several years to decades in prison, depending on the state and the specifics of the case. Understanding the legal implications and potential defenses is crucial for anyone charged with this crime. By comprehending the laws and possible consequences, individuals can better navigate their legal challenges and work towards the best possible outcome.
References
- “Title 18, Section 2113 of the United States Code.” Legal Information Institute, Cornell Law School. https://www.law.cornell.edu/uscode/text/18/2113
- “Texas Penal Code, Chapter 29. Robbery.” Texas Constitution and Statutes. https://statutes.capitol.texas.gov/Docs/PE/htm/PE.29.htm
- “New York Penal Law, Article 160: Robbery.” NY State Senate. https://www.nysenate.gov/legislation/laws/PEN/A160
- “Florida Statutes, Chapter 812: Theft, Robbery, and Related Crimes.” Online Sunshine. https://www.flsenate.gov/Laws/Statutes/2023/Chapter812
- “Pennsylvania Consolidated Statutes, Title 18 – Crimes and Offenses, Chapter 37: Robbery.” Pennsylvania General Assembly. https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.037..HTM