ANALYSIS AND APPLICATION

Analysis and Application

Analysis and Application: Essay

Introduction

The main purpose of this essay is to explain the steps and legal advices to Mr. Crook who is a suspect for the robbery case.

Discussion

In this case Mr. Crook wanted money to payoff his debts so he went for the robbery and took a BB gun. His face was not covered so someone recognized him and the next morning police had a raid at his house (Allatt, 2004). He was not at house so he could not be caught. He came to the lawyer, as lawyer I would suggest him the following steps which he could do (Armitage, 2002).

Many states define robbery as theft/larceny of property or money through the offender's use of physical force or fear against a victim. Where a deadly weapon such as a gun is used or the victim suffers injury, the robbery may be charged as "armed" or "aggravated." Unlike burglary, the crime of robbery almost always requires the presence of a victim who suffers actual injury, or is threatened with harm (Atkins, 2001).

An attempted robbery is also a felony and the punishment for it depends on numerous factors. First it depends on the state and its laws on robbery and attempted robbery, then other factors like the offender's criminal history and the weapon used (Barr, 2002).

Even in an attempted robbery, it is important to show the intent of robbing to bring about a charge against the offender. The fact that the offender was armed is intent enough (Brand, 2000). That is why people who are charged with attempted armed robbery have to seek professional help to get them off the hook. However, at times it might not be possible and the offender when convicted may face a minimum of 5 years imprisonment and may also have to pay a fine.

Section 97 of the Crimes Act states:

Whosoever, being armed with an offensive weapon, or instrument, or being in company with another person, robs, or assaults with intent to rob, any person, or stops any mail, or vehicle, railway train, or person conveying a mail, with intent to rob, or search the same, shall be liable to imprisonment for twenty years (Chaiken, 2004)

Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) when armed with a dangerous weapon. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.

Alternative verdict If on the trial of a person for an offence under subsection (2) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under subsection (1), it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

Mr. Crook can be a victim of robbery charge because California's law is very strict for this. A robbery accusation is very serious in the ...