Charged with Robbery in Maine?
Serving the Regions of Portland, Bangor, Saco, Biddeford, and Augusta
Robbery Charges in Maine
Robbery is sometimes a term used to describe any type of theft. But robbery has a specific definition in the legal sense. Robbery crimes typically involve violence or the threat of violence. Robbery charges are very serious and a conviction can include fines and jail time. Robbery is committed if one person attempts or succeeds in stealing the property of another person through fear or force, and if at the time of the crime the offender either:
Recklessly inflicted physical injury on the victim (Class B offense )
Threatened to use force against any of the victims present for the purpose of (Class B offense)
Preventing or overcoming resistance of the theft or attempts of the victims to take back their property from the offender, or
Compelling the victim to give up the property or do something that made it easier for the property to be taken
Used physical force on the victim with either of the intents specified above (Class A offense)
Intentionally inflicts or attempts to inflict bodily injury upon the victim (Class A offense)
Armed with a dangerous weapon during any of the types of robbery as listed above, or aware that an accomplice is armed during the crime (Class A offense)
Robbery charges are no longer elevated by adding the terms 'aggravated' or 'armed'. Instead, penalties for these charges are increased in classification. As listed above, the use of a weapon can lead to a Class A felony robbery charge.
Maine Robbery Penalties
Because they always involve violence, the penalties for robbery are always severe. Even if you have a clean criminal history and you only stole a few hundred dollars, if you obtained it through a threat or use of a weapon, you will face steep fines and 10 to 30 years in jail. Maine no longer uses misdemeanor and felony to describe the levels of crimes. Generally, Class B and A crimes are equal to felonies, though. All robberies are either treated as Class B or Class A offenses. The penalties for each are as follows:
Class A: Most severe type of offense, punishable by:
- Fine of as much as $50,000
- Incarceration for up to 30 years
Class B: Second most serious types of crimes in the state, punishable by:
- Fine of as much as $20,000
- Incarceration for up to 10 years
What Makes a Theft a Robbery?
A robbery crime is a form of theft crime where the offender uses violence of the threat of violence to get what they want. Most people think of the classic bank robbing scenario where 2 men in ski masks and toting guns hold up a bank. This is a valid example of robbery, but robberies can also occur in a much more low key fashion. For example, you are walking down the street and a man comes up to you with their hand in their pocket. They ask for your wallet and say they have a gun and will shoot you if you do not comply. This is also an example of robbery even if the offender really didn't have a weapon, because he is threatening you.
For a crime to be considered a robbery, there are usually five elements that must be present:
- The offender takes or intends on taking an item that does not belong to them
- The item is the personal property of another person or entity
- The owner of the item or their agent is present
- The item is taken against their will
- Violence or the threat of violence is used to get the owner to comply
In robbery charges, it does not matter if actual harm is done or even if a threat was given. If a man holding a knife demands your car keys, he is committing robbery because the act of presenting the knife would be perceived by a reasonable person to be a threat.
Do you need a criminal lawyer? Contact the Law Firm of William T. Bly to discuss your case and your options.