A friend of mine was recently arrested for armed robbery but they found him with no gun, the viticm told the cops he had a gun, they still havent filed any charges against him because they have no gun. He has been locked up for almost a month now. Can he get charged for armed robbery if they have no evidence of a gun???? also if he is currently in college and this is his first offence will he see jail time?
2007-10-23 11:38:42 · 11 answers · asked by jesusfreak33321 1 in Politics & Government ➔ Law Enforcement & Police
It depends on how strong their evidence is, other than the gun.
Robbery is defined as the use of force or fear to permanently deprive someone of their property.
If he even simulated a hand gun (by pretending there was a gun in his pocket - for example) it still constitutes armed robbery.
Without knowing additional details of the arrest or evidence, this is about the most advice I can provide.
What happens if he is convicted is really up to the judge.
2007-10-23 11:44:25 · answer #1 · answered by CGIV76 7 · 2⤊ 1⤋
You do not need to have the gun in evidence to prove that a gun was used. Granted it is a lot better of a case for the prosecution, but you can convict someone of robbery with a gun if the jury believes that a gun was used in the crime. The jury would have to believe this beyond a reasonable doubt if there was a seperate charge for the gun. However it can get tricky when it comes to sentancing. In PA if you're convicted of a crime of violence with a gun it's a 5 year mandatory sentance. Also the Supreme Court of PA has said it is up to the judge to determine if a gun was used, and he only has to be sure beyond a proponderance of the evidence, which is a lower standard. However, the short of your question is you can be convicted of robbery, possession of the gun without the actual gun.
2007-10-23 16:49:08 · answer #2 · answered by Damien T 3 · 0⤊ 0⤋
If he had anything that can cause injury to another, he can be charged with armed robbery.
I knew a guy who worked security in a home improvement store. They caught a guy trying to steal a screwdriver. When they questioned him before he left the store, the guy pulled it out and held it as a weapon, trying to get away.
What would have been a fairly minor shoplifting charge became armed robbery- all for a $3 screwdriver.
2007-10-23 11:47:39 · answer #3 · answered by Patrick B 4 · 0⤊ 0⤋
It can be fake gun, a hand in the pocket, fork, baseball bat, et cetera. So yes, armed doesn't necessarily mean a gun and just because no gun was found doesn't mean it didn't exist either. But if it is only he said/she said then it might be difficult. If there was another witness that saw a weapon then it would probably be pursued.
2007-10-23 11:49:19 · answer #4 · answered by Veritas et Aequitas () 7 · 0⤊ 0⤋
Yes, as long as the victim reasonably believes that it's a weapon it counts. So- - Airsoft gun - Plastic toy pistol - Painted piece of wood - Finger in a jacket pocket - Saying "I have a gun." All count as "Armed Robbery". Also the victim would be justified in the use of deadly force against the assailant. BTW- Airsoft & BB guns can still be dangerous, and occasionally deadly. - David
2016-04-10 00:40:10 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes they can charge him with armed robbery even if they do not find the gun.
Here is the Washington state law: Take notice of (1)(a)(ii)
(1) A person is guilty of robbery in the first degree if:
(a) In the commission of a robbery or of immediate flight therefrom, he or she:
(i) Is armed with a deadly weapon; or
(ii) Displays what appears to be a firearm or other deadly weapon; or
(iii) Inflicts bodily injury; or
(b) He or she commits a robbery within and against a financial institution as defined in RCW 7.88.010 or 35.38.060.
(2) Robbery in the first degree is a class A felony.
2007-10-23 11:45:33 · answer #6 · answered by davidmi711 7 · 0⤊ 1⤋
Yes, if there is a threat of violence armed robbery is the correct charge (ie criminal walks into a bank hands a note saying I have bomb, gun, knife give me all your money.)
A firearm isn't the only weapon that has been used in robbery. Knives have been used, baseball bats
2007-10-24 20:38:23 · answer #7 · answered by .45 Peacemaker 7 · 0⤊ 0⤋
I know a guy who was 20, no record and in college who was convicted of armed robbery and served 5 years. It is a very serious offense.
2007-10-23 14:27:14 · answer #8 · answered by Scott B 4 · 0⤊ 0⤋
if he told the person being robbed then that is all that is needed.it is a perceived threat.if the person being robbed is told the robber has a gun and is never shown one,that is the perceived threat.you can tell someone you have a gun just to scare them. you make them believe you have a gun in your pocketit is the same as actually having one.
----retired texas deputy sheriff----
2007-10-25 23:05:30 · answer #9 · answered by charlsyeh 7 · 1⤊ 0⤋
It doesn't necessarily require a gun. Anything could have been used as a weapon - a bat, knife, even a broken bottle, etc.
I don't know how specific cases work though, or how they investigate them. Sorry.
2007-10-23 11:43:05 · answer #10 · answered by Ellenaj 3 · 1⤊ 1⤋