Too many un-answered questions....was there a weapon? Was it discharged? Did the Perp. indicate that there MIGHT be a gun? Intent is EVERYTHING. Can't help without more details.-Walter
There was no weapon used and no gun was discharged. The owner of the store is saying that there was a gun involved but the only thing in my boyfriends hand was his cellphone. He could of mistaken it for a gun but how is that possible he's lying about the gun he couldn't even describe the gun to the judge after he said he had been in the military for 15 years. Now my boyfriend is being charged with a pc211- armed robbery when all he did was just a beer run and took 2- 24 packs of beer. Could they take his word for the gun? And plus they dont have enough evidence like no video or the gun supposebly that he used.
Hmmmm...
Did he point the phone "Like" a gun? Did he pretend to have a gun in a pocket? Did he say "I have a gun"? Did he even USE the word "Gun"? It's all about "Intent". If he indicated that he had a gun, he has a problem...does he OWN guns? Has he had a violent past? All that will come into play at Pre-trial.
Armed robbery does NOT require a "Gun"...just the "Intent" that the robber intends or has some sort of weapon at hand. You can get into an PC211 with a "Pen" if you intend to poke someones eyes out with it.
His word IS good enough I am afraid, and even more so if the robber has a Criminal History of ANY kind. Sorry I am not more help. Makes a good point though, how a simple "Beer Run" can turn into a major Felony pretty quick. -Walter
No he didnt say anything he just went into the store and asked how much was the beer then went to the beer section and took off. And No he owns no guns. As i said no weapons were present nor he had one. Im guessing the owner of the store just wants him in jail. In 07 he was charged for domestic violence and was on misdemeanor probation . Will that be a problem. We got a lawyer and hopefully he does a good job.
no
In Alabama, robbery in the first degree is robbery with the use of a weapon, or making a victim believe there is a weapon. Even if a person does not have a weapon, they can be charged with first degree robbery if they cause an injury.
Robbery differs from extortion in that the property is taken against the will and without the consent of the victim, unlike extortion, where the victim consents, although unwillingly, to surrender money or property. Another distinguishing factor is that the nature of the threat for robbery is limited to immediate physical harm to the victim or his or her home. Extortion, on the other hand, encompasses a greater variety of threats
The evidence will tell. However, if you were with someone who did use a weapon and did commit robbery, you may be charged with the same crime as an accomplice. Just "being there" is threatening to the victim who is being robbed. Time for new friends and activities.
Robbers steal other peoples property against their will while the victim is present. (Usually using violence or intimidation). When this occurs, it is called a robbery.
A Victim of Circumstantial Evidence - 1903 was released on: USA: July 1903
On the grounds that they aere armed with a weapons of some type during the robbery, which was threatening to the victim(s). It is NOT necessary that the weapon be a firearm or knife.
The victim of the robbery felt the police response was not fast enough.
Juvenile judge find me guilty no evidence just one the victim Asia but the victim witness said he wasn't me
the property must be taken from a person or removed from the presence of a victim and the taking must be by use of force or by putting the victim in fear.
the property must be taken from a person or removed from the presence of a victim and the taking must be by use of force or by putting the victim in fear.
Regardless of what was used, if anything, to commit a robbery (robbing or mugging someone), it IS a violent charge. The robber is using violence in some way to force a victim to relinquish something. There are varying degrees of severity of the offense, but ALL robberies are VIOLENT. The least severe is known in most states as strong arm robbery, or robbery by use of bare hands to commit the offense. Examples of this offense include mugging (that is, punching or striking the victim to commit the robbery) and purse-snatching. Armed robbery is robbery with the use or implied use of a weapon (gun, knife, stick, etc.), the latter meaning making the victim believe the perp is carrying such weapon. If a firearm is dispalyed (brandished), fired away from or at a person, the offense is more serious and carries more penalty (prison time). By the way there's no such offense as "simple" armed robbery.