In Massachusetts and throughout the United States, robbery is defined as (1) a larceny (2) from the person (3) by force.
“Larceny” means a trespassory taking and carrying away of tangible property of another person with the intent to deprive the owner of it permanently. In simpler terms, it is an illegal taking of property. Larceny is a lesser included offense of robbery, and you cannot be convicted of both larceny and robbery for a single taking.
“From the person” can mean that the other person was physically holding the property, but it also can include situations where the victim could have kept control over the property if not for the threat of a violent outcome. To illustrate, a store clerk held at gunpoint doesn’t hold a cash register or cash register money in his/her hand or pocket, but the “from the person” element would be satisfied where the clerk maintained control over the register and could have prevented the theft if not prevented by fear.
“By force” essentially means that there has to be some kind of violence or intimidation. In our Commonwealth, Massachusetts General Laws Chapter 277 Section 39 provides that where there is actual force, fear isn’t required to satisfy this element, and conversely, where there is fear, there doesn’t need to be actual force.
If you have been charged with the crime of robbery or if you feel you are being investigated for a robbery it is in your best interest to be proactive and call an expereinced criminal defesne lawyer. Our Robbery attorney's will explain to you what your rights are, what steps you should take immediatley and begin to map out the best defense strategy for you. Our defensed lawyers are available around the clock seven days a week. All initial consultations are at no charge. Call 617.492.3000.
If you wish to talk to an experienced and professional criminal defense attorney, please call the office of Altman & Altman LLP immediately, and we will be happy to assist you through a free initial consultation. When you call 617.492.3000 or 800.481.6199 (toll free) or contact us online, you will be taking an invaluable step towards safeguarding your future.