Revised Statutes La RS 14:64 is the law that deals with robbery in Louisiana.
The sections of the Revised Statutes govern the offense of Robbery in its various forms, the offense of Robbery is punishable under this extant law in Jefferson parish.
Robbery generally is a crime that occurs when you take property that does not belong to you, property that belongs to someone else without the approval of that person, and while you are taking the property you intimidate the owner, you make the owner afraid or you use force.
Robbery has different degrees and types such as Simple robbery and armed robbery.
Simple robbery is as defined generally above.
Armed robbery, on the other hand, is a crime that occurs when you take property that does not belong to you, property that belongs to someone else without the approval of that person, and while you are taking the property you intimidate the owner, you make the owner afraid or you use force by involving a dangerous weapon that can cause grievous harm to the owner of the property.
The main distinction between simple robbery and armed robbery is the use of weapons that is capable of causing harm, this weapon can be a chemical substance.
Elements that Constitute Robbery in Jefferson Parish
There are some elements or ingredients that have to be present in the instance of a robbery case for the prosecution to succeed, these elements are absolutely necessary because if any of them is not proved it can cast reasonable doubt on the case and you could be acquitted in the case. These elements are:
- You intended to take the property of another person or entity.
- The person or entity did not want you to take the property, probably because it still had value to them.
- You went ahead and took the property, depriving the owner of the use of that property.
- You used some form of threat that made the owner of the property to fear that you were going to hurt them, or you used force or you used a dangerous weapon that made the person apprehensive for their safety.
- You intend to deprive the owner use of their property.
- You did it knowingly and willingly.
Some Examples of Robbery
These are instances that may give rise to a charge of Robbery:
A person is walking down the road you approach them and tell them to give you their phone, they refuse and you attempt to punch them so they leave the phone for you and you walk away with the phone.
You and your friends corner a classmate around a corner and walk towards him menacingly telling him to give you his money, he hands the money to you and you and your friends walk away.
You walk towards a stranger at night while you were holding a dagger out telling them to give you their bag, they give you the bag and you walk away with the bag.
You and your buddies make a barricade on the road, you stop a person passing in their car, bring out a gun and tell them to step out of the car, you and your friends enter the car and drive away.
Some Possible Punishments For Robbery
Usually, when a piece or body of laws prohibits the doing of something and you do that thing there are consequences and punishments in place for that to deter other people and make sure you pay for the crimes. The Revised Statutes in Louisiana make provision for possible consequences and penalties when you commit robbery. The punishment varies depending on the facts of the case. The possible punishments are:
- You could be imprisoned for up to ninety-nine (99) years your imprisonment could be with hard labor.
- Your punishment would be without the chance of you gaining parole, suspension of your sentence, or getting probation.
These penalties are provided in the above-mentioned statute.
Possible Legal Defenses For Robbery
If you are charged with robbery in Kenner, Metairie, or Gretna it is wise to get in touch with a defense attorney as soon as possible, you can reach the attorneys at Barkemeyer Law Firm easily, they are experts at Criminal law defense. Some of the defenses that could be used for you are:
- False accusation: if you are not the one that committed the robbery but was accused wrongly, you can use this a form of defense.
- Insanity could also be a defense that would avail you if you were indeed insane at the time of the crime then you lacked the mental capacity to form an intent to commit robbery.
- The witness of the prosecution was wrong in identifying you as the person that committed the crime.
To help you better understand the crime of robbery and the need for a defense attorney as soon as possible we are going to expound further on some of the aforementioned headings of robbery. We are going to discuss the following:
What it Means to Commit Robbery
To commit Robbery essentially means that you deprive someone of their property, this property does not belong you yet you take it without getting the permission of the owner for you to take their property, to enable you take that property you intimidate the owner, you use force on the owner and or you make the owner afraid for their safety. This is the basic definition of robbery or simple robbery, but when you use a weapon as you are doing what we have stated above it becomes armed robbery. Therefore, what differentiates simple robbery from armed robbery is your use of a weapon that can cause harm to the owner of the property or anyone that comes into your way while you are committing robbery.
The Possible Penalties of Committing Robbery
The degree of the penalty depends greatly on certain factors like:
- If someone got hurt while you were committing robbery?
- Did you use a dangerous weapon?
- Have you been convicted of committing robbery before?
- What type of weapon did you use?
When all these things are factored in you might spend the rest of your life in prison if you do not get the right criminal attorneys to help you in your case. The prison term will include hard labor.