Robbery is the taking of personal property belonging to another, with intent to gain, accomplished either by means of violence against or intimidation of persons, or by using force upon things. This gives two main categories. Robbery with violence against or intimidation of persons covers takings accomplished by assaulting, threatening, or overpowering the victim; when the robbery results in or is accompanied by other crimes, it may become a special complex crime with a single, heavier penalty (for example, robbery with homicide, where a killing occurs by reason or on occasion of the robbery). Robbery with force upon things is committed by breaking into a building or using force to gain access to the property, and the law distinguishes robbery in an inhabited house, public building, or place of worship (with heavier penalties, given the greater intrusion) from robbery in an uninhabited place or private building. What separates robbery from theft is the presence of violence, intimidation, or force upon things: theft is the taking without any of these elements. The specific kind of robbery and its aggravating features (like being armed, or committed by a band) determine the penalty. Understanding the kinds of robbery clarifies how the offense is charged and punished.
Two Main Kinds
- Robbery with violence or intimidation of persons — taking by assaulting, threatening, or overpowering the victim; and
- Robbery with force upon things — taking by breaking in or using force to access the property.
Aggravated and Special Complex Forms
Robbery with violence may become a special complex crime (e.g., robbery with homicide). Robbery with force distinguishes an inhabited house/public building/place of worship (heavier penalty) from an uninhabited place.
Robbery vs. Theft
What separates robbery from theft is violence, intimidation, or force upon things. Theft is a taking without any of these.
Practical Takeaways
- Robbery = taking by violence/intimidation or force upon things;
- Inhabited-house robbery carries a heavier penalty;
- No violence/force = theft, not robbery.
Frequently Asked Questions
What is robbery? The taking of personal property belonging to another, with intent to gain, by means of violence against or intimidation of persons, or by using force upon things.
What are the two main kinds of robbery? Robbery with violence against or intimidation of persons, and robbery with force upon things, which is committed by breaking in or using force to access the property.
What is the difference between robbery and theft? The presence of violence, intimidation, or force upon things. Theft is a taking without any of these elements, while robbery involves at least one of them.
Why is robbery in an inhabited house punished more heavily? Because of the greater intrusion involved. The law distinguishes robbery in an inhabited house, public building, or place of worship, imposing heavier penalties than robbery in an uninhabited place.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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