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Robbery |
Written by Darren Kavinoky
Friday, 26 May 2006
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Robbery is a felony, punishable by a term in state or federal prison. Robbery is the direct taking of property, including money from a person through force, threat or intimidation. "Armed robbery" involves the use of a gun or other weapon which can do bodily harm, such as a knife or club, and under most state laws carries a stiffer penalty (longer possible term) than robbery by merely taking. Robbery is separated into degrees, which may mean stiffer penalties. First degree robbery occurs where the defendant acts in concert with two or more other people for the purpose of committing a robbery in an inhabited dwelling house, vessel designed for habitation, trailer coach, or the inhabited portion of any other building. Robbery in the first degree is a felony, punishable by imprisonment in the state prison for 3, 6, or 9 years. In all other inhabited structures not defined above, the punishment is imprisonment in the state prison for 3, 6, or 9 years. Second degree robbery encompasses all other types of robbery, which are punishable in the state prison for 2, 3, or 5 years. California Penal Code Section 211 defines robbery, which reads: "Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." "Immediate Presence" means an area within the alleged victim's reach, observation or control, so that he or she could, if not overcome by violence or prevented by fear, retain possession of the subject property. CALJIC 9.40 "Against the will" means without consent. CALJIC 9.40 California Penal Code Section 212 defines the "fear" that is required to be convicted of robbery: "1. The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or, 2. The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery." Article Source: http://www.ArticleBlast.com |
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