Editing Robbery (section)

=== United States ===
{{Main|Robbery laws in the United States}}
In the United States, robbery is generally treated as an aggravated form of common-law larceny. Specific elements and definitions differ from state to state. The common elements of robbery are
a trespassory taking and carrying away of the personal property of another with the intent to steal from the person or presence of the victim by force or threat of force.<ref>Lafave, Criminal Law 3rd ed. (West 2000) Sec. 8.11</ref>

The first six elements are the same as common-law larceny. It is the last two elements that aggravate the crime to common-law robbery.

'''from the person or presence of the victim''' – robbery requires that the property be taken directly from the person of the victim or from their presence. This is different from larceny, which simply requires that property be taken from the victim's possession, actual or constructive. Property is "on the victim's person" if the victim is actually holding the property, or the property is contained within clothing the victim is wearing or is attached to a victim's body, such as a watch or earrings.<ref name="Lafave 2000">Lafave, Criminal Law 3rd ed. (West 2000) Sec 8.11</ref> Property is in a person's presence when it is within the area of their immediate control. The property has to be close enough to the victim's person that the victim could have prevented its taking if he/she had not been placed in fear or intimidation.<ref name="Lafave 2000" />

'''by force or threat of force''' – the use of force or threat of force is the defining element of robbery. For there to be robbery there must be "force or fear" in perpetrating the theft.<ref>Lafave, Criminal Law 3rd ed. (West 2000) Sec 8.11;Boyce & Perkins, Criminal Law, 3rd ed. (1992)</ref> Questions concerning the degree of force necessary for robbery have been the subject of much litigation. Merely snatching the property from the victim's person is not sufficient force unless the victim resists or one of the items is attached or carried in such a way that a significant amount of force must be used to free the item from the victim's person.{{citation needed|date=July 2018}}

For robbery the victim must be placed in "fear" of immediate harm by threat or intimidation. The threat need not be directed at the victim personally. Threats to third parties are sufficient. The threat must be one of present rather than future personal harm. Fear does not mean "fright",<ref name="Lafave 2000" /> it means apprehension – an awareness of the danger of immediate bodily harm.

==== California ====
The maximum sentence for robbery in California is 9 years, according to Penal Code section 213(a)(1)(A).<ref>{{cite web |url=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=211-215 |title=CALIFORNIA PENAL CODE SECTION 211-215 |access-date=2012-09-21 |archive-url=https://web.archive.org/web/20121023223508/http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=211-215 |archive-date=2012-10-23 |url-status=dead }}</ref>

The threat or use of force does not have to take place immediately before or at the time of the theft.<ref>''People v. Gomez'' (2008) 43 Cal.4th 249, 254.</ref> Force used after the theft will turn the theft into a robbery unless the theft is complete. The theft is considered completed when the perpetrator reaches a place of temporary safety with the property.<ref>''People v. Flynn'' (2000) 77 Cal.App.4th 766, 772, 91 Cal.Rptr.2d 902.</ref>