Table of ContentsIntroductionHistoryStrength and FearTopic AnalysisConclusionIntroductionThis article will discuss Robbery. Robbery is one of those crimes where people may not know what defines robbery versus any other crime. People may not know this, but two key factors come into play in theft. According to the book Peace Officer's Guide To Criminal Law, by George T. Payton and James E. Guffey, robbery is the criminal taking of personal property from the possession of another from a person or immediate presence, against the will accomplished by force or fear. In criminal law, the penal code for robbery is PC 211. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get an Original EssayThe two key factors for there to be theft there must be force and fear. For force to be applied, it must be greater than what is necessary to remove a good. The fear must be for oneself, for a loved one or for the victim. In this article you will learn about the history, prosecutions, convictions, theft defenses, laws and understand the role of force and fear. HistoryTheft was one of the first crimes punishable by death. According to History of Robbery, “In the United States, theft had been a crime punishable by death since colonial times.” In the early days of the nation's birth, suspects faced death if they committed theft. Robbery rose to prominence in England and became the capital crime in England around the 1800s. One of the most famous bank robberies to occur in the United States is the Dunbar armed robbery. According to the website, 11 of the biggest heists in history, in 1997 a regional security inspector and his five friends overpowered the guards and loaded the cash into their truck. About $18.9 million was recovered. Some notable theft crimes over the years are bank robberies, armed robberies, aggravated robberies, carjacking, and extortion. Strength and FearStrength and fear play an important role in defining flight. Many people don't know this, but if you are missing these two key factors, there is no flight. According to the website, California Penal Code Section 211 PC: Robbery, “Because theft involves the use of force or fear, it is considered a serious misdemeanor that can result in serious prison sentences.” Both force and fear play a vital role in theft, because without these two key factors, theft may never be the high-level crime we know it to be. Force and fear play an important role, as the suspect petrifies the victim. According to the book Peace Officer's Guide to Criminal Law, by George T. Payton and James E. Guffey, states that the fear during a robbery could be the fear of unlawful injury to the victim or a family member. Fear plays an important role because the suspect may give the impression that he or she will harm the victim or their family. According to the book Peace Officer's Guide to Criminal Law, by George Payton and James E. Guffey, "For force to be a valid element, it must be greater than that necessary to seize property." This means that if a suspect grabs someone's purse, they must use force to get the purse back. If the suspect was able to obtain the purse without the victim resisting, then there would be no force indicating that it would not be classified as a robbery. Topic AnalysisElements of RobberyFor a robbery to be considered robbery, there must be these five elements that follow. According to the book Peace Officer's Guide toCriminal Law, by George T. Payton and James E. Guffy, the five elements of robbery are: the criminal taking of another's personal property, in the immediate presence of the victim, against the victim's will. , and by force or fear. These five elements define the definition of theft and without these five elements there could be no theft. There must be an expulsion of someone's personal property, which means taking something that does not belong to you. It must also be the immediate presence of the victim, if the property has not been removed from his immediate presence then it is not a theft, but rather a burglary. This must also be done against their will, either by force or fear. Prosecutions Theft falls under Penal Code 211. Theft is classified as a crime under criminal law. Theft can be punished in the first or second degree. For first degree theft to occur, the theft must involve an inhabited dwelling, a vessel, a trailer, at or near the ATM. All other thefts are considered second degree. According to the California Penal Code 211-Robbery website, to be convicted of grand larceny, the prosecution must prove that you took another person's property out of their immediate presence and that it was against their will, using the strength or fear. For example, a thief enters a bar and offers a lady a drink. While the lady is looking for a drink, the thief grabs her purse, but the lady manages to grab her purse and stops the thief from taking her purse. This would constitute theft because the thief takes something that does not belong to him in the immediate presence of the victim, and does so against the victim's will by using force. You cannot be prosecuted for theft if these elements do not apply.SentencesDepending on the type of theft a person commits will determine the number of years you could be sentenced. According to the Robbery Sentencing and Penalties website, California says that for second-degree robbery, you will be sentenced to 2, 3, or 5 years. However, New York gives judges a range to decide how many years a person could face for second-degree murder. According to the Robbery Sentencing and Penalties website, "In addition to prison, probation, and other punishments, laws may also establish other forms of punishment, such as fines, community service, and compensation”. Judges often reviewed the crime and decided what punishment the suspect should receive. According to the Robbery Sentencing and Penalties website, judges will look at three key elements when deciding on a sentence. These three elements are: the value of the stolen property, the level of violence or intimidation used and the nature of the victim to achieve an appropriate sanction. Flight has two types of diplomas. The first being first degree theft. For first degree theft, a person could be sentenced to 3, 4 or 6 years in prison. According to the Penal Code 211 PC-California Robbery Laws website, potential penalties could be up to ten thousand dollars. Defenses for Robbery Usually, people think that once they are convicted of robbery, that's it. There are, however, some defenses that people can use to escape theft. According to the Robbery Defenses website, the accused could escape the robbery if they spoke to an experienced defense attorney to evaluate your case. There are two types of defenses that defendants typically use: entrapment and duress. Duress means that someone forced you to do something against your will. According to the Robbery Defenses website, the accused was forced to commit theft by being threatened. If the accused can prove that he was threatened to commit theft.