Robbery Lawyers
Robbery is characterized by taking someone else’s property with the intent to profit. Unlike theft, robbery is punished more severely because it involves the use of violence, intimidation, or force against property. This crime is regulated by the Penal Code and has different modalities that vary depending on the severity of the act committed.
How is the crime of robbery punished according to the penal code?
The penalties for the crime of robbery depend on the modality of the crime and the circumstances in which it was committed. The penalties range from 1 to 5 years in prison but may increase if there are aggravating factors such as the use of weapons or robbery in a dwelling.
What aggravating factors can increase the penalty in a robbery case?
The crime of robbery can be aggravated under certain circumstances, which results in an increased penalty. Some of the factors that can aggravate the crime include the use of weapons, excessive violence, robbery in a dwelling, and committing the crime outside allowed hours in public establishments.
Types of robbery according to the penal code
The Penal Code establishes various types of robbery, each with its own characteristics and circumstances that influence the severity of the penalty. The main types include:
1. Robbery with force against property
Robbery with force against property occurs when the perpetrator uses force to access or leave a place where the stolen goods are kept. This includes breaking locks, windows, or even fracturing walls. According to Article 237 of the Penal Code, the penalty for this crime ranges from 1 to 3 years in prison. However, if there are aggravating circumstances, the penalty could be increased.
2.Robbery in a dwelling or establishment open to the public
Robbery in a dwelling or in establishments open to the public is punishable with prison sentences ranging from 2 to 5 years according to Article 241 of the Penal Code. If the robbery occurs outside the opening hours of a business, the penalty increases to 1 to 5 years in prison. This type of robbery directly affects the security and privacy of those involved.
3.Robbery with violence or intimidation
In robbery with violence or intimidation, the perpetrator uses physical force or threats toward the victim to take their property. This crime is regulated under Article 242 of the Penal Code and is punished with prison sentences ranging from 2 to 5 years, depending on the intensity of the violence or intimidation used.
Frequently asked questions about the crime of robbery
What is the difference between robbery and theft?
The main difference between robbery and theft is that robbery involves the use of violence, intimidation, or force against property, while theft refers to the taking of goods without these elements.
What happens if the crime of robbery is committed in an establishment open to the public outside of opening hours?
If the crime of robbery is committed in an establishment open to the public outside of its opening hours, the penalty can range from 1 to 5 years in prison, as established by Article 241 of the Penal Code.
How is robbery with violence or intimidation defined in the Penal Code?
Robbery with violence or intimidation occurs when the perpetrator uses physical force or threats against the victim to take their property. This crime is punished with sentences of 2 to 5 years in prison, depending on the severity of the acts.
What happens if the crime of robbery is committed with weapons or other dangerous means?
If the crime of robbery is committed using weapons or other dangerous means, the penalty associated with the robbery increases, applying the upper half of the penalty range, as established by the Penal Code.
How is the crime of robbery or theft of vehicle use penalized?
The crime of robbery or theft of vehicle use, regulated under Article 244 of the Penal Code, is punishable with community service or a fine, provided the vehicle is returned within 48 hours. If the vehicle is not returned within this period, the act will be punished as either a theft or robbery crime, depending on the case.
What aggravating circumstances can increase the penalty in a robbery case?
The use of violence, the commission of the robbery in a home, and the use of weapons or dangerous means are some of the aggravating factors that can increase the penalty for robbery.
