CR 3-401: Robbery

Robbery can be looked at as a combination of theft and assault. Maryland law defines robbery as the taking or carrying away of property or services from another person by force or threat of force with the intent to deprive that person of the property. Property means anything of value including food, money, real estate, pets, utilities (gas, electricity and water) and, computer software programs, blueprints and admission or transportation tickets. Services include labor, transportation, lodging, restaurant service, entertainment and the use of equipment. The jury instructions list three main elements that the State must prove in order to establish a case for robbery. The first is that the defendant took the property or service from a specific person’s presence or control. The second element is that the defendant took the property or service by force or threat of force. Without this element the would be a theft if anything. Finally, the State must prove the defendant had the intent to deprive the owner.
A mugging, which is defined as attacking and robbing a person in a public place, is a common type of robbery. The show of force in a mugging could be something as simple as corning someone and making them feel threatened. It could also be considered a robbery if a person demands that a mechanic fix his or her car without payment through a show of force (such as a threat to do harm), but this scenario would be difficult for the State to prove. Walking up to a person and snatching a phone or purse could also be considered a robbery, even if the victim did not see the assailant coming. In some states there is a separate crime called robbery by sudden snatching, which has a lower penalty than a standard robbery. Maryland does not distinguish for between these two scenarios for the purpose of the statute. It would be up to a judge or jury to decide if sudden snatching qualifies as a robbery, though snatching an item would likely be considered the use of force. Contrary to popular use breaking into a home or business and stealing items is not a robbery but rather a burglary. It would only become a robbery if the suspect confronted the occupant of the home or business and used force or a threat to take the items.
Robbery with a dangerous weapon under Maryland Criminal Code section 3-403 is a similar statute and is often charged with standard robbery. Robbery with a dangerous weapon (armed robbery) requires the State to prove the defendant used a dangerous weapon in the course of the robbery. This means it would not be enough if the defendant was armed but did not brandish or use the weapon. A defendant could be charged with armed robbery for passing a note or other written instrument to a person claiming that the he or she is armed. Based on the definition of the statute simply stating that you are armed would not be enough for an armed robbery charge. Armed robbery carries a higher maximum penalty than standard robbery. Maryland law does not provide a separate statute for robbery with a firearm, but anyone who is alleged to have committed a robbery with a gun would also face charges for assault in the first degree and use of a firearm in a crime of violence, which carries a 5-year mandatory minimum.
Typically, the most effective defense to a robbery case would be lack of identification. While may assaults are committed by individuals who know the victim, thefts and robberies are often committed against strangers. Unfortunately, police officers have a tendency to rush to judgment in robbery cases due to the severity of the offense and often make wrongful arrests. We have won numerous jury trials by arguing the State has not established the identity of the defendant. With the improvement of technology over the last decade it is becoming easier to track a person’s whereabouts. Therefore, if the State cannot prove a defendant was at the scene of a crime, then the defense of identity should be effective.
Robbery is a felony with a 15-year maximum penalty. There is no fine associated with a robbery conviction. Robbery with a dangerous weapon carries up to 20 years in prison, while assault in the first degree carries up to 25 years.
Benjamin Herbst is skilled Maryland robbery lawyer who will do whatever it takes to keep you or your loved one out of jail and free of a criminal conviction. Benjamin has won numerous robbery jury trials and has secured dismissals in dozens of cases. Benjamin represents juveniles charged with robbery and is also an experienced bail review lawyer for all criminal charges in Maryland.