QUESTION
What has to be proven in a robbery by force case?
Asked on Mar 08th, 2014 on Criminal Law - California
More details to this question:
If the item in question was just snatched out of one's hand, is that still considered robbery? It was given back.
5 ANSWERS
Michael J. Breczinski
It depends on why it was taken.
Answered on Mar 12th, 2014 at 11:37 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If any force was used, no matter how slight, it can still be charged as a robbery. It's time to hire an attorney if your are being charged.
Answered on Mar 12th, 2014 at 1:34 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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That sounds more like a larceny. Robbery usually requires some element of force either physical force, duress, or the use of or implied use of weapons. Check the specific state statute in your state to be certain or jury instructions.
Answered on Mar 10th, 2014 at 11:49 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney and speak with no one else about the incident until you do.
Answered on Mar 10th, 2014 at 11:22 AM
Criminal Defense Attorney serving Santa Rosa, CA
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Law Offices of Evan E. Zelig, P.C.
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In California, Robbery (PC 211) is the taking of personal property from another person, or their immediate presence, by the use of force or fear. Yes, technically snatching something out of a person's hand may be considered a Robbery. It may also be considered a Robbery in a shoplifting type of situation where there was a struggle with the shopkeeper or security guard.
Answered on Mar 10th, 2014 at 11:22 AM