Robbery is a type of felony theft which is defined as the taking of property from another individual by the use of:
- Force;
- Intimidation; or
- The threat of force.
This is why a robbery is, in some cases, referred to as a larceny by threat of force. In certain states, the use or threat of force does not have to be directed at the intended victim. However, the threat is required to be immediate and the crime has to be committed in the presence of the victim.
If the robbery is committed while using a firearm or other type of deadly weapon, it may be considered armed robbery and will result in a harsher penalty for the defendant, as discussed below. Although the laws vary slight in each state regarding the definition of a robbery, the general elements of a robbery usually include:
- The taking and carrying away;
- Of the personal property of another;
- From their possession or in their presence;
- Against their will;
- By:
- force;
- fear;
- violence;
- intimidation; or
- threat of force.
It is important to note that, although burglary and robbery are often confused, they are not the same crime. A burglary includes the breaking and entering into a residence or other building with the intent to commit a felony therein. One of the main differences is that burglary includes breaking and entering and does not have to involve the use of force.
What is a Hold up Robbery?
A holdup robbery is a specific type of robbery which is committed while using a dangerous or deadly weapon. Sometimes, it is also referred to as a stick up.
The phrase stick up originated with the common command of a robber to a victim to stick or hold their hands up in the air so they cannot defend themselves. The weapon used is often a knife or a gun.
A hold up robbery can occur under many different circumstances. However, this type of crime is most commonly associated with victims including:
- Pedestrians. Because they are walking down a street, they may be easy targets, especially in areas where there are not many other people around;
- Passengers in a vehicle or public transportation;
- Retail store clerks as well as bankers and cashiers. These individuals are likely to have plenty of cash on hand to rob;
- Bankers;
- Cashiers; and
- Cargo transport workers because they possess valuable items that robbers target.
The crime of robbery can also be defined as a theft in addition to an assault or the use of force. Often, when a hold up robbery is committed, the force used typically involves the threat of harm from a weapon which may include a knife or a gun. In some cases, the robber only has to pretend they have a weapon in order to commit the crime.
Because of this issue, the laws which govern hold up robberies are often grouped with the laws that govern armed robbery. Armed robbery is a robbery charge that has a more serious punishment attached to it.
A hold up robbery may include crimes that range from less serious to more serious. These may include a minor mugging to a more serious crime, such as bank robbery.
What are the Legal Consequences for a Charge of Holdup Robbery?
Criminal laws vary by jurisdiction. An armed robbery and a hold up robbery are very serious crimes.
Both of these crimes involve threatening individuals with weapons, theft, and the potential for injury or death to the individuals who are held up. Because of the seriousness of the crime, the penalties are serious as well.
Although the laws and the exact punishments for a hold up robbery conviction vary by state, no matter where it is committed, it is a serious crime. A hold up robbery will typically be classified as a felony, which is a category of serious crimes which often involve jail time.
The sentence for a hold up robbery conviction is typically at least one year. There will most likely be monetary criminal fines involved for an individual convicted of a felony as well.
Although the mere taking of another individual’s property is not always classified as a felony, the threat to other individuals involved with a hold up that involves a weapon makes the crime more serious in nature and it is, therefore, more severely punished.
It is important to note that, in any category of robbery or theft, the sentence for the crime is likely to increase as the value of what was stolen increases. In other words, the penalty will be greater for stealing $10,000 than for stealing $100 or its equivalent in stolen property.
Most robberies are defined and penalized under state law. There are, however, some types of holdup robberies which may qualify as a federal crime.
If a hold up robbery is classified as a federal crime, it would be penalized according to the federal sentencing system. For example, bank robbery is classified as a federal crime. This rule also applies to credit unions as well as savings and loan associations.
Other hold up robberies which may fall within federal jurisdictions involve property which is stolen while in transit across state lines. This is because the federal government controls and regulates interstate commerce. A hold up, or an armed robbery, is also a felony under federal law.
What if the Weapon was not Real?
In many jurisdictions, the laws are written to include the possibility that the weapon used in a hold up robbery was not real. The majority of these laws treat the use of a fake weapon for robbery just as the use of a real weapon in a hold up robbery, or armed robbery, would be treated.
If an individual is injured or killed, this fact, of course, makes a difference in the criminal sentence the defendant will receive. However, even if injury or death does not occur to the victim, the crime of armed robbery is still committed.
If the victim believes the robber does have a gun, then they will respond according to the belief that they could be injured or killed if they do not comply with the robber’s demands. The victim will be traumatized and the robber will accomplish the goal of their crime using intimidation and the victim’s fear.
Even if the threat was not genuine, if the end result is an armed robbery being successful, then it is treated as an armed robbery. A robber will often pretend to use a gun by pressing an item into the victim’s back and pretending it is a gun. In some cases, the robber may modify a toy or another object to resemble a real weapon.
Do I Need a Lawyer if I Have Been Charged with a Hold up Robbery?
It is vital to have the assistance of a criminal attorney if you have been charged with a hold up robbery. A hold up robbery is a serious criminal offense which may result in serious criminal penalties.
Your attorney can review your case, determine if any defenses are available to you, and represent you during any court proceedings. They may be able to negotiate with the prosecution for a plea deal or lesser charges, depending on the circumstances of your case.
