Robbery is the crime of stealing or taking money or property from another person or from another person’s control. It is different from larceny in that robbery involves some type of force, either actual or threatened. It is governed by and defined in Massachusetts General Laws Chapter 265 Section 19.

A prosecutor must prove each of the following three elements beyond a reasonable doubt in order to convict a defendant of robbery:

1. The defendant used force or violence on the victim or caused a state of fear in the victim by a threat. The amount of force or violence used is irrelevant, as long as it allowed the defendant to take the money or property against the will of the victim. The force used to simply snatch a purse from someone’s hand is enough to satisfy this element. A threat can be communicated by either words or actions. Proving that the victim was put in fear from a threat requires that the victim was aware of the threat and that the defendant intended to make it.
2. The defendant took money or property from the victim intending to steal it. This means that the defendant removed the money or property from the victim’s control and placed it in his own control. “Intent to steal” means that the defendant wanted to take the property or money from the victim permanently. If the defendant does not form the intent to steal until after he has already assaulted the victim, this element is not satisfied.
3. The defendant took the property or money from the victim’s presence or immediate control. Whether or not the property or money belonged to the victim is immaterial, as long as it was in his control. Even if the victim transferred the property to the defendant, this element is still satisfied provided that the defendant instructed the victim to do so.

This form of robbery is a lesser included offense of armed robbery. It is punishable by imprisonment for life or any term of years. A second conviction of robbery carries a mandatory minimum two-year sentence if the victims in both instances were over 60 years old.

Attorney Kathleen M. McCarthy has successfully defended countless robbery charges in her many years of experience as a criminal defense attorney. If you have been charged with this or another crime you will need an experienced lawyer like Kathleen McCarthy to fight for you. Call her law offices at (978)-975-8060 or contact her online today.