As defined by Utah code, title 76, chapter 6, section 301, robbery occurs when someone “unlawfully and intentionally takes or attempts to take personal property in possession of another from his person, or immediate presence, against his will, through force or fear, and with a purpose or intent to deprive the person permanently or temporarily of the personal property. Or, the person intentionally or knowingly uses force or fear of immediate force against another in the course of committing a theft or wrongful appropriation.” Robbery is a second-degree felony, punishable by one to fifteen years in prison and a fine up to $10,000.
In 76-6-302, aggravated robbery is defined as a person who “uses or threatens to use a dangerous weapon, causes serious bodily injury upon another, or takes or attempts to take an operable motor vehicle.” Aggravated robbery is a first-degree felony, which means a conviction is punishable by a prison sentence of five years up to life and a fine of up to $10,000.
Robbery does not mean that a person has to take the property and keep it; if the property is later abandoned, the taking of it by force is enough to ensure that robbery is how the offense will be charged. In addition, the property does not even need to be removed from the presence of the owner for the offense to be robbery; all that is necessary is for there to be a removal of property by force or threat of force from the owner or custodian of the said property. The distance involved in the stealing is not part of the issue.
In addition, the intent to steal is necessary for an act of theft to be classed as a robbery. If the property is taken as a joke or by mistake, it is not robbery. The actor must intend to steal the property of another before the violence or threat of violence, and the subsequent taking of the property becomes robbery.
Facing accusations of robbery is not something that you want to face alone. A conviction is a felony offense, meaning that it will appear on your records and will be information you will have to disclose to future employers, landlords, and school admissions officials. You do not want to have a felony conviction on your record – and we can help you. We at the Ault Firm have had years of experience defending criminal cases on a range of subjects, and we know how to help you with yours. Give us a call at (801) – 539 – 9000 and talk to an attorney today.