Also known as: generic robberies · robbery
Written by attorneys · grounded in primary & secondary sources — see below
A felony consisting of a taking of personal property of another from the victim's body or immediate presence accomplished by force or intimidation with intent to permanently deprive the victim of the property.
Gary Goldman approached Genevieve Gardner at an ATM and yanked her purse from her shoulder while she resisted. The force was sufficient to break the strap and allow Gary to flee with the purse containing cash and identification cards. Gary's actions satisfied the taking element from the victim's immediate presence.
Giselle Guerrero grabbed a laptop from a municipal office counter and fled down the hallway. When the clerk pursued her, Giselle slammed a door on his hand causing serious injury and then brandished a replica pistol while threatening to shoot if he followed. The conduct during immediate flight after the theft met the aggravating elements of robbery.
Select any source to read its text and confirm it supports the definition.
Gerald Gibson was acquitted of robbing one victim when identity was the sole contested issue at trial. The state then attempted to prosecute him for robbing a second victim during the same incident using the same eyewitness identifications. Collateral estoppel barred the second prosecution because the acquittal resolved the ultimate fact of identity against the state.
Gwen Gallagher and an accomplice entered a restricted hospital storage area at night to steal diagnostic equipment. When an elderly patient blocked their path, Gwen injected him with an unauthorized sedative causing respiratory arrest and death during the theft. The death during commission of the underlying robbery triggered the presumption of extreme indifference supporting a murder charge.
Guadalupe Gallegos matched the description of a suspect who had just robbed a convenience store two blocks away. An officer observed him walking quickly away from the store while clutching a bag and avoiding eye contact. The officer conducted a brief pat-down that revealed a weapon and stolen cash consistent with the reported robbery.
Granite Holdings employee was convicted of multiple counts of robbery arising from a single nighttime break-in and sentenced to life without parole under a recidivist statute. The sentence was challenged as grossly disproportionate given the nonviolent nature of the underlying property crimes and the offender's limited criminal history. The court examined the gravity of the offenses relative to the harshness of the penalty.
The prosecution must show a taking of personal property of another from the victim's body or immediate presence accomplished by force or intimidation with intent to permanently deprive. The force must overcome the victim's resistance and any threat must create an immediate risk of death or serious injury. Property taken from another room in the same house where the victim is present satisfies the presence requirement.
Supporting sources
The Model Penal Code requires that the defendant act in the course of committing a theft and commit one of several aggravating acts such as inflicting serious bodily injury or threatening immediate serious bodily injury. Conduct during flight after the theft is expressly included. The common law focuses on the taking from the person or presence by force or intimidation with specific intent to permanently deprive.
Supporting sources
Collateral estoppel embodied in the Double Jeopardy Clause bars retrial when an issue of ultimate fact such as identity has been determined by a valid and final judgment. If identity was the only rational issue in the first acquittal the state cannot retry the defendant for robbing a different victim based on the same factual determination.
Supporting sources
…defendant’s constitutional rights were not violated. In Vignera v. New York , the defendant was arrested in connection with a robbery. He was taken to the 17th Detective Squad headquarters in Manhattan where he was interrogated for several hours. He was not advised of his right to counsel. A detective testified that the…