Federal Crime of Armed Robbery and Related Offenses

Federal Crime of Armed Robbery and Related Offenses

Robbery is a broadly described as a crime that occurs when person takes another person ’ s money or property without consent with the use of force. Depending on where the offenses occurred, it could be charged as either a state or a federal crime, but in malice of which legal power pursues the shell, a conviction for armed robbery carries austere penalties if you are convicted. Federal Crime of Armed Robbery Readers should note that the huge majority of robbery related charges are handled in a state court as the crime happened within the state ’ second borders. typically, federal offenses cross state lines, are committed on federal place, against union officers, or involves immigration or customs issues.

Put merely, robbery becomes a federal crime when it takes place in a finical localization or against a certain person. The federal crime of armed robbery is a felony discourtesy, which generally requires a longer stretch in federal prison and harsher post-conviction consequences. For the instances above, the prison sentences range from 1 year for stealing less than $ 1,000 at a bank to 20 for stealing a controlled substance from a DEA agentive role. When you add in the use or self-control of a dangerous weapon, the sentence duration can increase over five years. If you ’ ve precisely been charged with the federal crime of armed looting, you may be feeling overpower. This page from our federal criminal defense attorneys will explain the basics of the law and some examples of applicable defenses, so you know what to expect and can hopefully regain some control over your life.

What is Armed Robbery?

Armed looting occurs when person takes person else ’ sulfur property without consent or permission with violence or intimidation while carrying a dangerous weapon. As noted, every state has its own armed looting or aggravated looting laws, but for arm robbery to be elevated to a federal crime, the crime by and large must have been committed while :

  • crossing state lines,
  • on federal property,
  • against federal officers, or
  • in an immigration or customs matter.

The Elements of Federal Criminal Armed Robbery

For the prosecution to prove that you have committed federal condemnable armed robbery, they must prove each element of the charge beyond a reasonable doubt. The elements include :

  • taking property from another person or their presence,
  • without their consent,
  • with the intention of depriving them of their property,
  • by using violence or intimidation,
  • while carrying a dangerous weapon.

Taking property from another person or their presence looting begins when a defendant takes, actually carries away, the personal place of another person without their consent. This includes items that are within their presence – close to them and within their see. additionally, the victim does not even need to own the item ; it good must be in their self-control and bearing for it to be considered looting. With the intention of depriving them of their property  This law requires that the defendant must have intended to permanently deprive the victim of their property at that moment. even if the defendant intended to use the token and discard of it, they intended to deprive the owner of being able to use the detail ever again. By using violence or intimidation early laws cover larceny without violence or bullying. For an example of larceny to be considered “ looting, ” it must include the consumption of ferocity or intimidation. This means, whether you wrestled the owner to the ground to take their call, or you merely intimidated them and put them in fear of damage, it makes no difference.

While carrying a dangerous weapon  The fifth element of armed looting is using or possessing a dangerous weapon while conducting the robbery. The use or carry of a dangerous weapon elevates the crime of robbery so that it has harsher punishments.

Different Types of Federal Criminal Robbery Offenses

While the elements of armed robbery are similar in every state, for it to be considered a federal crime, it must include the use or carry of a dangerous weapon and be conducted in one of the following situations : Special maritime and territorial jurisdiction : if an armed looting takes topographic point on the high seas in the U.S. ’ south legal power, on a vessel registered to the U.S., on land for U.S. use, or on an aircraft belong to the U.S., it is considered a federal crime. United States property: it ’ s a union crime under 18 U.S.C. § 2112 to steal, or attempt to steal, property owned by the U.S. government defined and carries 15 years in a federal prison if you are convicted. Federal banks : it ’ s a federal crime under 18 U.S.C. § 2113 to take property or money under the control of fiscal institutions. A bank looting conviction can result in 10 to 20 years in prison, along with steep fines. federal crime bank robbery under 18 U.S.C. § 2113 Post offices : robbery of a mail office can result in a union prison sentence of up to five years. Carrier Facilities : It ’ mho illegal to break into a fomite conducting interstate ship or carrying foreign items and a conviction can result in up metric ton 10 years in prison. Controlled substances : if person steals a control message under the control of a drug enforcement agent, they could be sentenced to up to 15 years. Motor vehicles : it ’ s a federal crime to steal vehicles that are being transported across state or country borders and a convicted can result in up to 15 years. Interference with commerce by threats or violence : 18 U.S.C. § 2113 makes it a union crime to obstruct or delay commerce, or conspires to do so, by looting or extortion, or threatens physical violence to any person. Using and discharging a firearm during a crime of violence : 18 U.S.C. § 924 ( cytosine ) imposes mandate minimum terms of prison for a conviction for the consumption of a firearm while committing a union crime of violence or a drug traffic offense.

Defenses for Federal Armed Robbery Case

If you are charged with a federal robbery offense, there are a few defenses that can be used on your behalf. The first is “ err identity. ” In this defense, your lawyer would build a shell to show that the patrol had arrested the incorrect person. alternatively, and more normally, your lawyer would set out to prove that there is not enough tell to show that you committed each component of the crime. Defenses for Federal Armed Robbery Case Did you have a dangerous weapon on you at the time ? Did you take away person else ’ sulfur property, or was it yours to begin with and you were plainly taking it back ?

Did you, in fact, give this crime in one of the federal locations listed above ? If your lawyer can prove that you did not, the jury will see the crime can not be proven beyond a reasonable doubt, and your lawsuit will be dismissed. If you are convicted of any type of looting case under federal laws, you will be facing severe penalties. frankincense, if you are under probe or already indicted, then you need to discuss the position with an have federal refutation lawyer. Eisner Gorin LLP is based in Los Angeles County and we serve clients in California and across the United States. You can reach our tauten for a reference by calling ( 877 ) 781-1570, or submit an on-line contact form.

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