Robbery?

[Lady Blue]

Here is the phrase that gets you around the the need for actual bodily injury:

2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

It would be logical for a reasonable person to assume that in the presence of a physical assault that there would be a reasonable fear that bodily injury would result. Charge accordingly and let the DA do what ever they decide.

[Mulgrave600]

I would strongly suspect that no detective in Australia would take on that job as a robbery. It is a good one to leave for the uniforms to 'cut their teeth on'.

[Kris396]

Wow, thanks for all of the replies. I kind of knew this could possibly open up a can of worms as 4 friends in 4 different departments in NY all gave me different answers, but this definitely turned into an interesting thread!

A few of the detectives I've spoken to in the agency I work Aux for tell me they are pretty overburdened, so I am speculating that they wouldn't want to be wasting time working on a 'high priority' robbery case that was really just a shoplifter knocking over an eager loss prevention kid while fleeing (which probably happens once a day in that store alone). I know all four wheels were stolen off of my parent's car and two cars next door in one night and the detective who I see around the precinct quite often jokingly told me "oh don't worry, we'll be using it as a placemat as soon as the next gun crime case comes in" lol. I am guessing this manpower concern plays a huge role in what some departments want you to charge it as.

FWIW, here is how NY defines robbery
:S 160.00 Robbery; defined.
Robbery is forcible stealing. A person forcibly steals property and
commits robbery when, in the course of committing a larceny, he uses or
threatens the immediate use of physical force upon another person for
the purpose of:
1. Preventing or overcoming resistance to the taking of the property
or to the retention thereof immediately after the taking; or
2. Compelling the owner of such property or another person to deliver
up the property or to engage in other conduct which aids in the
commission of the larceny.

According to that, it seems like a clear cut robbery, to me anyway. The LP wasn't hurt and had so sign of physical injury, but he did say he was punched in the face by the suspect. The law says nothing about physical injury though, just physical force.

I appreciate all of the replies though! It is interesting to hear about how it is handled in various juristictions.

[ftttu]

I'm pretty sure our legislators were trying to put the fear of prison time instead of jail time into anyone's head who even thinks of using any type of force while committing theft.

[Dinosaur32]

Kris.....In NYS any level of force used in the commission of a larceny turns the crime into a robbery. Pushing a shopkeeper out of the way while you are stealing a shirt, turns the petit larceny into a robbery 3. Will the criminal be charged at that level? Are the cops, their job looking for felony stats? Does the shopkeeper want to be bothered with numerous court appearances? Does the ADA assigned just want to wrap this up at arraignment? All these factors work to determine what charge the perp will face.

[Ultimate86]

Not sure how CA case law may apply to you over there but, this is a frequent occurrence. It is covered under People v. Estes (1983).

Bingo. Estes robbery in CA. My DA might give a deal to a non-robbery charge at the end of it all but I'll book for robbery.

[unobserved]

In NY that's a robbery.

[BNWS]

Here is a video of a robbery.

http://www.huffingtonpost.com/2014/0...n_5682659.html

[CCCSD]

In CA, it depends on the brand...

In Texas, if it was Lone Star, it's a Death Penalty case.

[SgtScott31]

Robbery wouldn't fly in TN. Fighting loss prevention would just add an assault charge on top of the theft.

[CCCSD]

CA it's robbery, as stated above. Use any force/threat etc. and you are in the Big Boy league. I can also make it a burglary.

[ateamer]

No point in making retail theft/shoplifting into a burglary anymore, thanks to Prop 47. Not like any DAs and/or judges had the balls to send anyone to the joint for it in the first place.

[CCCSD]

I STILL do the work. It's an easy report, and it's a professional thing that matters to ME.

[mdrdep]

Besides a shoplift burg under 459.5 is a misdemeanor same as if they entered without intent......