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Criminal Law • Crimes Against Property
CRIMLAW#045
Legal Definition
Robbery is a taking of personal property of another from the other's person or presence by force or threats of immediate death or physical injury with the intent to permanently deprive.
Plain English Explanation
Just as larceny is basically a robbery without violence, robbery is basically larceny with violence. In fact, it is common for an attempted larceny to become a robbery when the victim realizes they are being stolen from and decides to resist, causing a physical altercation.
Note that robbery need not be brutally violent, or overly threatening. Any level of force or fear that causes a victim to give up their property is sufficient to be a robbery.
Note that robbery need not be brutally violent, or overly threatening. Any level of force or fear that causes a victim to give up their property is sufficient to be a robbery.
Hypothetical
Hypo 1: Bob sees Sam chatting on his new iPhone. Bob walks up to Sam and says, "Give me your phone or I'll punch you." Sam gives up his phone, and Bob runs away with it. Result: Bob has committed a robbery.
Hypo 2: Bob sees Sam chatting on his new iPhone. Bob walks up to Sam and grabs the iPhone out of Sam's hands and runs away with it. Result: Bob has committed a robbery.
Hypo 3: Bob sees Sam chatting on his new iPhone. Bob walks up to Sam and says, "Excuse me, sir, may I borrow your phone in order to call my wife? I was just robbed." Sam says, "Yes, of course," and hands Bob his phone. Bob runs away with it. Result: Bob has committed a larceny by trick because Sam willingly handed over his phone after being deceived by Bob as to his intentions. No force/violence = no robbery.
Hypo 4: Bob sees Sam chatting on his new iPhone. Sam places his phone down for a moment and looks away. Bob snatches Sam's phone and runs off. Result: Bob has committed a larceny.
Hypo 5: Sam hires Bob to work as a manager at his construction company. It is Bob's job to buy all the employees new company cell phones. Bob decides to buy an extra cell phone for himself. Result: Bob has committed embezzlement.
Hypo 2: Bob sees Sam chatting on his new iPhone. Bob walks up to Sam and grabs the iPhone out of Sam's hands and runs away with it. Result: Bob has committed a robbery.
Hypo 3: Bob sees Sam chatting on his new iPhone. Bob walks up to Sam and says, "Excuse me, sir, may I borrow your phone in order to call my wife? I was just robbed." Sam says, "Yes, of course," and hands Bob his phone. Bob runs away with it. Result: Bob has committed a larceny by trick because Sam willingly handed over his phone after being deceived by Bob as to his intentions. No force/violence = no robbery.
Hypo 4: Bob sees Sam chatting on his new iPhone. Sam places his phone down for a moment and looks away. Bob snatches Sam's phone and runs off. Result: Bob has committed a larceny.
Hypo 5: Sam hires Bob to work as a manager at his construction company. It is Bob's job to buy all the employees new company cell phones. Bob decides to buy an extra cell phone for himself. Result: Bob has committed embezzlement.
Related Concepts
Can a defendant commit larceny against abandoned property?
What are false pretenses?
What are the crimes against property?
What is a continuing trespass?
What is arson?
What is burglary?
What is embezzlement?
What is extortion and blackmail?
What is forgery?
What is house burning?
What is larceny?
What is larceny by trick?
What is malicious mischief?
What is receipt of stolen property?
