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Strong Arm Robbery

Robbery is a crime against patrimony, consisting of taking something that belongs to another person, with the intention of profit, employing for this the use of strength, violence or intimidation against another person. These modalities of execution separate robbery with theft that only requires the act of taking possession of something not owned by right.

Real Life Case

My brother has 54 cases, 27 sentences. Each case has a lawyer, imagine the mess.

Every case is of strong arm robbery, and a couple of them are of other crimes, but his problem was cocaine, now he is on a program in prison.

We would like to hire you to take all the remaining cases if it is possible and for you to tell us if he can be released, how much time will he have left if the sentences are changed, and which ones can be changed. We would like an interview, thanks.

I am accused of robbery in the interior of a public pool, but I only jumped inside with a couple of friends to swim around although we were in the medicine cabinet and thrashed it a little bit. Could you call me?

I am accused of taking a cd radio, amplifiers and sun glasses from the inside of a car, they say the locks were forced, I have a public attorney but I want a private one, they tell me you specialize with these type of crimes and I would love to hire a criminal lawyer. Thank you.

In the definition of robbery there are 2 different modalities, one that distinguishes itself for the use of force or strength in things and the other one is with the use of violence or intimidation in people.

The first one is applied when force or violence is used to enter the place where the thing is. In occasions, also defined as robbery are the actions which even though force and intimidation are not used some other element exists that separates it from mere theft.

For example, it is possible to define robbery as the one that is produced via the use of a fake key or picklock. This applies because there is force implied with the use of a picklock or fake key used to break the barrier that protects the item against robbery.

Robbery with the use of violence or intimidation against people is the one used to break the resistance of the owner of the item with these elements.

Regulation of robbery in Spain in the article 237 of the Spanish Penal Code the convicts of the crime for robbery are the ones with a profit as their objective they take over something that is not rightfully theirs employing force in things to enter the place where the item is or violence and intimidation on the people that are protecting such item.

1.- Breaking and entering

2.- Breaking a wall, roof, floor, window or door.

3.- Breaking closets, wardrobes, or other kinds of furniture or closed and sealed objects, forcing locks, or discovering its codes to decrease its content being in the place of the robbery or someplace else.

4.- Use of fake keys. The Penal Code has a definition of what is to be considered a fake key in article 239:

1.º Picklocks or other analogue instruments.

2.º Legit lost keys by the owner or obtained some way that constitutes a penal infraction.

3.º Any other not destined by the owner to force the locks violently by the criminal. And adds in the last paragraph that to the effects of the present article, the following items are also considered keys: cards, magnetic or perforated, and remote controls for long distance openings. With this considered for example it would be robbery and not theft using somebody else’s credit card to withdraw money from an atm.

5.- Disablement of specific alarm systems

This crime is punished with jail time from 1 to 3 years unless certain circumstances concur that may permit esteeming robbery of special seriousness. They are basically contemplated in article 241 and by remission in article 235 from the Penal Code:

1.º When objects of artistic ,historic, cultural and scientific value are stolen.

2.º When the item is considered of primary need, or destined for a public service, but the stolen item must cause a serious violation or in a situation of shortage of supplies.

3.º When items of a serious matter in their detriment produce damages of serious consideration.

4.º When the item stolen puts the victim or its family in a serious financial damage or the stealing has been done abusing the victims personal circumstances.

5.º When it is committed in an occupied house, building, surroundings or businesses open to public. The same article 241.2 defines occupied house as every shelter that is used by one or more persons even if they are not inside when the actual robbery takes place. And also defines surroundings as front and backyards, garage, and other compartments outside, inside or next to the building, connected with the inside of such, forming a physical union.

Robbery with violence and intimidation is regulated in article 242 and received a greater sentence : prison from 2 to 5 years. Apart from the sentence for robbery, the act of physical violence is also punished. If a robbery is committed using the pulling and running method, any damage that the victim may have because of that is also punished.

In the case of robbery with the use of violence and intimidation there is also the possibility that other alleged more seriously punishable facts concur under determined circumstances and so, in this same article they are considered. The sentence will be imposed above the superior half of time when the delinquent made use of weapons or other dangerous means, to commit the robbery or to escape, or when the delinquent attacks the people that came to help the victim or the people that were after the guilty party.

Finally, violence or intimidation may be of less gravity, and also, the rest of the circumstances of facts to impose a less serious sentence. This is instead of 2 to 5 years a sentence of 1 to 2 years of jail time.

It occurs frequently that people that are found in the photographic albums of the Police are recognized by victims of a robbery with violence.

It could be you in this situation because a relative may be accused for this crime and may declare itself as not guilty.

You may also be a victim of this same thing. In this case, you will receive a phone call from the police inspector so you can recognize the supposed author of the crime in a photo album or in a lineup at the police office, later you will declare and offered a series of actions and an invitation to appear in court with a lawyer or attorney, private or public, as you wish. In case of not showing up the procedure will carry on without notifying you and defending the interests of the Fiscal Ministry of State.