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Robbery Grading

13 October, 2015 - 15:35

As stated previously, robbery is generally graded as a serious felony that can serve as the predicate felony for first-degree felony murder 1 and a strike in states that have three strikes statutes.   2  Robbery grading is aggravated by the use of a weapon or when the defendant inflicts serious bodily injury.  3 The Model Penal Code grades robbery as a felony of the second degree, unless the actor attempts to kill anyone or Purposely inflicts or attempts to inflict serious bodily injury, in which case it is graded as a felony of the first degree (Model Penal Code § 222.1(2)).

Table 11.2 Comparing Larceny, Extortion, and Robbery

Crime Criminal Act Criminal Intent Attendant Circumstance Harm
Larceny Taking by stealth or false representation of fact Specific or purposely to deprive the victim of property permanently* Victim’s property, lack of victim consent Property transfer
Extortion Taking by threat of future harm; not necessarily physical Specific or purposely to deprive the victim of property permanently* Victim’s property; the victim consents based on fear Property transfer
Robbery Taking by force or threat of imminent force Specific or purposely to deprive the victim of property permanently* Victim’s property, lack of victim consent, property is taken from the victim’s person or presence Property transfer**
*In some jurisdictions, the defendant can intend a temporary taking.
**In some jurisdictions, the victim does not need to transfer the property to the defendant.