Posted: 3/9/2008 1:03:44 PM EDT
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There's a thread in GD where Sullysauto helped catch a bank robber. The robber apparently was unarmed and handed a note to a teller and was given the money. My question is.... if someone hands a note that says "Give me some money" or "Give me $500" or something other than "give me all the money" or "this is a robbery", is there a difference in the eyes of the law? If someone, unarmed, and not dressed in a disguise walks up to a teller and calmly says "I would like to have all the money you have in your drawer" and she gives it to him, is that a robbery? I'm not looking for ways to rob a bank, I'm just interested in the basic criteria for a robbery to occur. A robbery, by FBI definition, is violent. If there is no violence, nor threat of violence, nor implied violence, is it still a robbery? |
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In Virginia, robbery is the taking of money or valuables by force, threat, or intimidation. Therefore, if the clerk merely FEELS intimidated, you could possibly have a robbery. While officers use discretion (you wouldn't be charged with robbery for asking your pops for $10), given the situation you mentioned, it would be pretty clear what the intent was. We don't have different versions of robbery - strong arm, armed, unarmed, etc. Robbery covers all forms, and there are additional charges applied if a firearm is used. |
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Okay, so it's similar to the "brandishing weapon" law many states have. Like, even if you're walking around with a holstered weapon, someone calls 911 and tells the cops they're scared and you can be hooked up for disturbing the peace or brandishing a weapon. Relies entirely on the feelings of the complainant. Thanks! |
Maybe so, but I'd never charge anyone with a holstered weapon for brandishing. Going into a bank and asking for all their money, even if you're polite and courteous and don't imply any threat... I have a strong feeling you'd at least be detained, if not charged. |
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CA law for Robbery: The taking of the property of another, from their person or their immediate presence, without their permission through force or fear If the note you presented the clerk places her in fear for her safety, causing her to give you the money, then it is robbery. From your scenario, I'm pretty sure most clerks would assume your intention was to rob them.... causing them fear.  |
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Section 13A-8-41 Robbery in the first degree. (a) A person commits the crime of robbery in the first degree if he violates Section 13A-8-43 and he: (1) Is armed with a deadly weapon or dangerous instrument; or (2) Causes serious physical injury to another. (b) Possession then and there of an article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or dangerous instrument, or any verbal or other representation by the defendant that he is then and there so armed, is prima facie evidence under subsection (a) of this section that he was so armed. (c) Robbery in the first degree is a Class A felony. (Acts 1977, No. 607, p. 812, ยง3305.) |