Robbery is essentially a Larceny from a Person but with the added element of force and violence. In Massachusetts, a person may be convicted of Armed Robbery or Unarmed Robbery.
Under Massachusetts criminal law, the crime of Robbery is a Felony and may be found at Massachusetts General Laws, Chapter 265, Section 17 and Section 19.
Legal Elements of Robbery
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Legal Elements of Unarmed Robbery
In order to be found guilty of Unarmed Robbery under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant either applied actual force and violence to the body of the alleged victim or put the alleged victim in fear by threatening words or gestures;
- that the defendant took the property with intent to steal it; and
- from the immediate control of the alleged victim.
To be convicted of this offense, it is not required that the alleged victim has actual physical possession of the property. It is sufficient that the property is within the alleged victim’s area of control. For the purposes of this offense, property is considered “under the control” of a person when it is within his or her reach, inspection, observation or control so that he or she can readily obtain possession of it.
Furthermore, it is not required that the property be owned by the person from whom it was taken, so long as it was in his or her possession or control at the time it was taken.
Legal Elements of Armed Robbery
In order to be found guilty of Armed Robbery under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant was armed with a dangerous weapon;
- that the defendant either applied actual force and violence on the alleged victim, or by threatening words or gestures put the alleged victim in fear;
- that the defendant took the money or other property with the intent to steal it; and
- that the defendant took the money or other property from the person or immediate control of the alleged victim.
To be convicted of this offense, it is not required that the alleged victim has actual physical possession of the property. It is sufficient that the property is within the alleged victim’s area of control.
For the purposes of this offense, property is considered “under the control” of a person when it is within his or her reach, inspection, observation or control so that he or she can readily obtain possession of it.
Furthermore, it is not required that the property be owned by the person from whom it was taken, so long as it was in his or her possession or control at the time it was taken.
For the defendant to be armed with a dangerous weapon, the defendant must have had a dangerous weapon in his or her possession.
The offense of armed robbery is based on the potential for injury and it does not depend on the precise moment at which the defendant becomes armed, so long as he or she becomes armed at a point directly related to the commission and completion of the robbery.
A “dangerous weapon” is any instrument that by the nature of its construction or the manner of its use is capable of causing grievous bodily injury or death or could be perceived by a reasonable person as capable of such injury.
For example, firearms and knives are usually considered dangerous weapons because they are designed or constructed with the purpose of producing death or great bodily harm.
Dangerous weapons also include any an instrument which is usually not dangerous in its ordinary use and is not designed to produce death or serious bodily injury, but is so used in a manner that was to likely to produce death or great bodily harm.
It is not necessary that the instrument be actually capable of causing serious bodily harm or death so long as it appears to a reasonable person that it is capable of doing so.
Potential Punishment if Convicted of Unarmed Robbery in Massachusetts
The potential consequences for Unarmed Robbery, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 19.
A defendant convicted of Unarmed Robbery shall be sentenced to state prison for life or for any term of years.
If the Unarmed Robbery was committed against a person 60 years or older, the defendant shall also be sentenced to imprisonment in the state prison for life or any term of years.
Potential Punishment if Convicted of Armed Robbery in Massachusetts
The potential consequences for Armed Robbery, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 17.
A defendant convicted of Armed Robbery shall be sentenced to state prison for life or any term of years. However, if the Armed Robbery was committed while masked or disguised, or while armed with a firearm, shotgun, rifle, machine gun or assault weapon, the defendant shall be sentenced to imprisonment for not less than 5 years. This is a mandatory minimum sentence.
If you have been charged with robbery and need an experienced attorney call (508) 213-9113 to schedule a free consultation with top Massachusetts Defense Lawyers at the Law Office of John L. Calcagni III.
