FAQ Robbery Charges

A: If you had a clear intention of returning the item and not depriving the owner.

Theft with violence

“Robbery is the felonious taking and appropriation of property in opposition to the will of another under whose personal charge it is. Any violence, which is gathered from the mode and circumstances of the demand, and may naturally induce a man to surrender his property for the safety of his person, is sufficient to make a taking against the will of the sufferer, which is the essence of a robbery.”

A threat of immediate injury which is taken seriously, without actual physical contact, constitutes a robbery. It must be immediate in the circumstances. In essence, to prove a charge of a robbery the Crown has to satisfy the court the following circumstances apply to the case:

  1. The accused threatened or used violence on the victim.
  2. He intended to cause fear or injury with the object of taking property in the possession of the victim.
  3. He took the victim’s property.

It is therefore not Robbery to use or threaten violence to retain property previously owned by the victim. For example where someone borrows a bicycle and later threatens or assault the owner when he demands it back.

Where there is no violence or threat of violence the crime would be one of theft. Where there is a threat of future violence then the charge would be one of extortion.

Robbery is a serious offence and will normally result in a custodial sentence, the length of which will depend on the extent of the violence involved, the vulnerability of the victim and the record of the accused.

Armed Robbery

Armed Robbery will be treated extremely seriously, and the use of weapons to commit a robbery will normally result in a lengthy prison sentence.

We have experienced solicitors who have dealt with numerous cases of Assault and Robbery. If you are facing such a charge contact us now to arrange a free initial consultation. Having lawyers who have successfully dealt with serious charges of this nature could make the difference to the outcome of your case. We will also advise you on applying for legal aid.

Charged with Theft, even although I had a WhatsApp message saying I would give the item back! Charges dismissed! Bonzer! A big thank-you to all the criminal lawyers over there!

McRae, Edinburgh
McRae, Edinburgh