Robbery is the taking and carrying away of property from another or from property in that person’s immediate presence by force or threat of force and with the intent to deprive that person of the property. See Md. Code Criminal Law Ann. 3-402.
What is Force?
To support a robbery charge, force or a threat of force must be used to compel another person to part with his or her property. In determining whether the property was taken by force or threat of force, the force may be actual, as by application of physical force, or constructive, through threat of force or intimidation. The force or threat of force must have accompanied or come before the robbery. The element of fear does not have to be shown; it is sufficient if the force or threat of force were such as to excite reasonable fear of danger that caused the victim to surrender his or her property. The degree of force is immaterial, so long as it is sufficient to compel the victim to part with his or her property.
Robbery does not require that the accused’s violence or intimidation acts be done for the sole purpose of the taking of the victim’s property. It is enough that the accused takes advantage of a situation which he or she created for some other purpose. So long as the force and intent precede the taking, the intent to steal need not coincide with the force. A robbery conviction may be based on evidence that shows the intent to steal was formed after the application of force.
Ownership of the Property Does Not Matter
Ownership of the property does not matter to sustain a robbery charge. While the victim may own the property in question, proof of the victim’s ownership of the property is not required to support a robbery charge. The property may be taken from someone who had custody or control over the property and who had legal or special interest in it.
What is the Maximum Penalty for Robbery?
Robbery is a felony offense that is punishable by a maximum of up to 15 years of active incarceration if one is found guilty beyond a reasonable doubt and convicted of the offense. See Md. Code Criminal Law Ann. 3-402.
Baltimore County, MD Robbery Attorney
Being accused of robbery is something that should be taken extremely seriously because of the maximum possible penalty one faces if found guilty and convicted of the offense. Even if you did not commit the crime, an experienced Baltimore County, MD criminal defense attorney can be of great assistance by ensuring that you are properly represented when dealing with the State. Contact our office in Baltimore County, MD today if you have been accused of the crime of robbery to schedule a free consultation with an experienced Baltimore County, MD criminal defense attorney. During your consultation at our Towson, MD office, our principal attorney will discuss the facts of your case with you, explore possible defenses, and explain ways in which you may be able to avoid a conviction altogether or minimize the consequences of a possible conviction.
