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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. | ||||
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