What is Common Law Robbery?
In the United States, there are two main types of robbery: common law robbery and statutory robbery. This article will focus on common law robbery, a type of robbery that predates the creation of laws and is based on long-standing legal traditions.
Contents
Definition of Common Law Robbery
Common law robbery is a type of theft that involves the taking of property from another person by force, violence, or putting them in fear of immediate harm. This type of robbery is committed without the use of weapons or threats, but the perpetrator still uses force or intimidation to take the property. Common law robbery is often referred to as "snatching" or "grabbing" and is typically committed in a sudden and unexpected manner.
Key Elements of Common Law Robbery
For a crime to be considered common law robbery, it must involve the following elements:
• Taking: The perpetrator must take possession of the property from another person.
• By force or violence: The taking must be done using force or violence, which can include physical force, threats, or intimidation.
• Without the consent of the owner: The taking must be done without the owner’s consent or permission.
• In the presence of the owner: The taking must occur in the presence of the owner, although the owner does not have to be aware of the taking.
Examples of Common Law Robbery
Here are some examples of common law robbery:
• Picking a pocket: Stealing a wallet or other valuables from someone’s pocket without their knowledge or consent.
• Grabbing a purse: Taking a purse or handbag from someone’s hand or shoulder without their consent.
• Snatching a phone: Taking a phone from someone’s hand without their consent.
Differences between Common Law Robbery and Statutory Robbery
Common law robbery differs from statutory robbery in several ways:
• Elements: Common law robbery requires the use of force or violence, while statutory robbery does not.
• Penalties: Common law robbery is typically punished more severely than statutory robbery, as it is considered a more serious offense.
• Jurisdiction: Common law robbery is recognized and punished by all states, while statutory robbery is specifically defined and punished by individual states.
Punishment for Common Law Robbery
The punishment for common law robbery varies by state, but it is typically a felony offense that carries a sentence of several years in prison. The specific punishment will depend on the severity of the crime, the value of the property taken, and the criminal history of the perpetrator.
Table: Punishment for Common Law Robbery in Different States
| State | Minimum Sentence | Maximum Sentence | Felony or Misdemeanor |
|---|---|---|---|
| California | 2 years | 5 years | Felony |
| New York | 1 year | 3 years | Felony |
| Texas | 2 years | 5 years | Felony |
Conclusion
Common law robbery is a serious crime that involves the taking of property from another person using force or violence. It is a felony offense that carries a significant sentence in most states. Understanding the elements and punishment of common law robbery is important for individuals, law enforcement, and the criminal justice system. By knowing the differences between common law robbery and statutory robbery, individuals can better protect themselves and their property from criminal activity.
