Someone Robbed 3 Gas Station W/ A BB Gun What Would He Be Charged W/ And Is It A Felony?
2007-08-07 11:26:46 · 11 answers · asked by Brown Boy 3 in Politics & Government ➔ Law Enforcement & Police
I am not an attorney, but my understanding is that using force to commit a crime is robbery; and using a gun (if believed by the victim to be a real gun) would likely be a felony.
If robbed 3 gas stations or whatever, the criminal has committed 3 crimes, and thus can be charged by the district attorney for all 3 crimes and tried each crime separately.
"Federal law defines a felony as an offense that is not otherwise classified where the maximum term of imprisonment authorized is more than one year.
For an offense to be a felony under federal law, it must have a possible sentence of more than one year, not exactly one year or less than one year.
State felony definitions vary.
When an offense is a misdemeanor under both federal and state law, there is no argument that it can fall under 18 USC § 16(b), which applies only to felony offenses.
Conversely, where the offense is a felony under both state and federal law, courts do not need to apply a rule regarding whether to look to the federal or state classification of an offense since either way it is a felony." (link to quoted info was lost).
PS Police enforce the law. They don't try the law. What you really need is to talk to a criminal law attorney.
2007-08-07 11:46:07 · answer #1 · answered by Net Advisor™ 7 · 0⤊ 1⤋
It does not matter that the gun was a BB gun. In many states, a small flashlight held under your coat to APPEAR like a gun makes it armed robbery. Even without a weapon, if you make the victim BELIEVE you are armed, some states will charge armed robbery. Multiple offenses are sometime considered more serious than a single offense. Even if the first armed robbery is not a felony, 3 probably are.
2007-08-07 13:35:35 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
Armed robbery is a Class A felony in all States. It does not matter that the weapon is a BB gun.
2007-08-07 11:34:46 · answer #3 · answered by Flyboy 6 · 0⤊ 0⤋
I am not a police officer but I believe armed robbery is a felony in all states. And the fact that it was a BB gun does not matter. They still consider it a weapon.
2007-08-07 11:31:55 · answer #4 · answered by Robin L 6 · 0⤊ 0⤋
I cannot imagine any state not classifying that as a felony. A lot of people-including police officers, have a hard time distinguishing between a real firearm and a bb gun. And, from the states I've lived in, that would be classified as armed robbery.
2007-08-07 11:44:21 · answer #5 · answered by tikitiki 7 · 0⤊ 1⤋
As was previously stated, armed robbery is a serious felony in EVERY state. The weapon type does not matter....most states include fake or toy guns, even telling someone you have a gun (even if you don't) in determining whether or not it is armed robbery or simple theft.
P.S. Why, exactly, are you asking this question anyway?
2007-08-07 11:39:09 · answer #6 · answered by dime_western 3 · 0⤊ 0⤋
Armed Robbery, or just robbery, is ALWAYS a felony. It's a Class A felony
2007-08-07 11:32:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Dude....armed robbery is a felony in every state.
2007-08-07 11:33:29 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It would still be armed robbery and it is a felony.
2007-08-07 11:29:44 · answer #9 · answered by WC 7 · 1⤊ 0⤋
It would be armed robbery even if he'd simply had his hand in his pocket pretending it was a gun...
2007-08-07 11:34:51 · answer #10 · answered by Anonymous · 0⤊ 0⤋