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Maryland Robbery Laws
In the state of Maryland, robbery is a criminal offense that includes elements of theft and assault. This means that it is a violent crime, and thus treated more seriously by law enforcement and prosecutors. In addition, the penalties are harsher than most theft offenses. Below is a brief overview of robbery laws in Maryland, but if you were charged with robbery it is vital that you contact a Maryland robbery lawyer.
Robbery: Section 3-402
Robbery is a crime similar to theft but distinct in that it involves violence against a person as well. For that reason, the penalties for robbery are often more severe than for theft.
In the state of Maryland, robbery retains its common law definition with two exceptions: (1) that robbery includes obtaining services from another person through use of force or threat of force, and (2) that robbery must include intent to deprive the owner of his or her property permanently or intent to restore the property upon payment by the owner. Section 3-401(e). The common law definition of robbery can be found here.
The crime of robbery is the following: (1) the intentional (2) taking of property (e.g., money, goods, etc.) or services (2) possessed by another person on his or her person or in the immediate vicinity thereof (3) through the use of force or threat of force (4) with the intent to deprive the owner of the property permanently (including using the property or disposing of it) or to only restore the property to the owner upon payment. See Section 3-401.
Under Section 3-402(a), Maryland state law states that it is illegal for a person to commit or attempt to commit robbery (a felony). If an individual is guilty of robbery or attempted robbery, the individual faces a felony conviction with up to 15 years in prison. Section 3-402(b).
Armed Robbery: Section 3-403
It is a more serious crime if an individual (1) robs another person or attempts such a robbery (2) while possessing a firearm or other deadly weapon or claiming to possess such a weapon. Section 3-403(a). If an individual is guilty of armed robbery as in this case, then the individual faces a felony conviction with up to 20 years in prison. Section 3-403(b).
Carjacking: Section 3-405
If a person (1) intentionally (2) takes possession or control of a motor vehicle from another person who had possession of the vehicle (3) without authorization or permission (4) through the use of force, the threat of force, or other means of putting the victim in fear of his or her safety through intimidation, threat, or violence, the person is guilty of the felony of carjacking. Section 3-405(b)(1). The penalty for carjacking is up to 30 years in prison. Section 3-405(d).
When dealing with a case of carjacking, the defendant cannot use the defense that the defendant did not intend to permanently deprive the owner (or person possessing the vehicle) of the vehicle. Section 3-405(f).
How a Maryland Robbery Lawyer Can Help
Robbery offenses are treated very seriously and are punishable by up to 15 years in prison (higher if the offense is armed robbery or carjacking). If you have been charged with robbery, or you are being investigated, it is in your best interest to consult with an experienced Maryland robbery lawyer who can explain how the law applies to the facts of your case and discuss your options with you.