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. 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] OVEREXPLOITATION, crime. The crime and forced removal of property or money from the person of others at any value, by force or in fear and terror. 4 Bl. Com. 243 1 Soon. 102. 2.
“Taking from the person” means not only the immediate taking of his person, but also of his presence, when this is done with violence and against his consent. 1 Hale, p.c. 533; 2. Russ. Crimes, page 61 The abduction must be done by force or frighten the owner, but the two circumstances must not coincide, because if a man must be beaten and then robbed while he is insensitive, the crime is always a theft. 4 bins. R. 379. And if the party is terrified of threats and then robbed, there doesn`t have to be more violence. 3. This crime differs from a theft by the person committed in the second, that there is no violence, while in the first the crime is incomplete without real or constructive force. Id.
Vide 2 Swift`s Dig. 298. Prin. Pin. Law, Chap. 22, ยง 4, p. 285; and take away; Invito Domino; theft; Captivating. The first six elements are the same as common law theft. These are the last two elements that exacerbate the crime of common law theft.
The author`s intention must be determined on the basis of his words and deeds. A person who, accidentally or only as a joke, forcibly takes property without intending to permanently deprive the owner of the property is not guilty of robbery. The intent to steal must be present at the time the property is taken, but the intent is not part of the criminal intent required to commit a robbery. Armed robbery is charged with a Class X crime with a possible sentence of 6 to 30 years. If the person committing the theft carries a firearm and not another type of lethal weapon, fifteen (15) years may be added to the penalty. If the offender discharges the weapon while committing the crime, twenty (20) years may be added to the sentence. If the person who commits the theft unloads the firearm, resulting in serious bodily injury, disfigurement, obstruction or death, an extension of twenty-five (25) years up to a natural sentence of life imprisonment may be added to the sentence. (See 720 ILCS 5/18-2(a)-(b)).
This means that a conviction for armed robbery could result in a final prison sentence of up to 55 years in the Illinois Department of Corrections. Under current sentencing guidelines, the sentence for robbery is influenced by a variety of aggravating and mitigating circumstances. It is especially important to know how much damage was done to the victim and how much guilt the perpetrator had (for example, carrying a gun or leading a group effort involves high guilt). Robbery is divided into three categories, which are becoming more and more serious: street or less sophisticated advertising; apartment; and professionally planned advertising. [20] In the case of robbery, the victim must be “afraid” of causing immediate harm through threat or intimidation. The threat does not have to be directed against the victim personally. Threats against third parties are sufficient. The threat must be present rather than future personal harm. Fear does not mean “fear”[26], it means worry โ an awareness of the danger of immediate bodily harm.
The use of the weapon does not necessarily mean shooting a weapon or coming into direct contact with another lethal weapon. If the person committing the robbery carries a firearm and simply threatens to use the weapon, that element will be filled. It is clear that some objects like knives, axes, clubs or other sharp objects are considered lethal weapons, but there are other things that could satisfy an analysis depending on the circumstances, including motor vehicles, trained dogs or even something as seemingly harmless as a stick. 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 โ 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. 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] by force or threat of violence โ 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] It is important to note that armed robberies usually do not necessarily have a defense. However, there are extenuating circumstances that could reduce the time spent in prison.