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Specific elements and definitions differ from state to state. The common elements of robbery are: a trespassory taking and carrying away of the personal property of another with the intent to steal from the person or presence of the victim by force or threat of force. [24] The first six elements are the same as common law larceny.
The Visiting Forces Act 1952 [ edit ] The expression "offence against property" is used as a term of art in section 3 of the Visiting Forces Act 1952 (15 & 16 Geo.6 & 1 Eliz.2 c.67) and is defined for that purpose by paragraphs 3 ( England and Wales and Northern Ireland ) and 4 ( Scotland ) of the Schedule to that Act
Robbery 3–7 years. If the robbery is committed upon a person that is over 60 years old, is physically handicapped, or if the Robbery occurred in a school or church, 4–15 years. If it involved certain conditions, 30–60 years in prison. Armed Robbery 6–30 years. If it involved certain aggravating conditions, 30–60 years in prison.
The expression "offence against the person" is used as a term of art in section 3 of the Visiting Forces Act 1952 (15 & 16 Geo.6 & 1 Eliz.2 c.67) and is defined for that purpose by paragraphs 1 (England and Wales and Northern Ireland) and 2 (Scotland) of the Schedule to that Act.
In robbery, whether armed or not, the offender takes property from the victim by the immediate use of force or fear that force will be immediately used. Extortion, which is not limited to the taking of property, involves the verbal or written instillation of fear that something will happen to the victim if they do not comply with the ...
Robbery, under the common law, requires all of the same elements and also the use of force or intimidation to accomplish the taking. Therefore, larceny is a lesser included offense in the offense of robbery, as every robbery includes a larcenous act as part of the crime.
A person may use such force as is reasonable in the circumstances in the prevention of crime or in arresting offenders or suspects. Insofar as an attack on property is a crime, reasonable force may be used to prevent the crime or to arrest the offender, whether it be theft of a sum of money or the damage of an object.
In most common law jurisdictions, an element of a crime is one of a set of facts that must all be proven to convict a defendant of a crime. Before a court finds a defendant guilty of a criminal offense, the prosecution must present evidence that, even when opposed by any evidence the defense may choose, is credible and sufficient to prove beyond a reasonable doubt that the defendant committed ...