The crime of robbery consists of seizing someone else's property using force, intimidation or violence. Taking into account the circumstances related to the event, such as the situation in which the victim is, the amount of the object or the place where the events take place, the prize may be lower or higher. Resulting in the basic rates for robbery with force from 1 to 3 years and robbery with intimidation from 2 to 5 years.
What is typified as a crime of robbery according to the penal code?
Article 237 of the Penal Code explains the crime of robbery as the action that consists of appropriating the personal property of others using force to access the place where they are located or violence or intimidation of people.
A movable thing that can be moved from one place to another and has a monetary value must be involved. Likewise, it is important that force is used in access or use.
The other important part is the spirit of profiting from the action.
How is robbery different from theft?
The main difference is that the crime of theft does not use force, violence or intimidation. For example, whoever seizes an open car with the keys in it that someone has left on the street for which no prior or subsequent action on other goods or people is necessary, would be committing a theft, not a robbery.
The prize that can fall to you for the crime of theft is less, because while you commit it you do not use dangerous instruments, nor violence or intimidation in people.
Types of theft crime
- Crime of robbery with violence
Violence included in the crime of robbery means any injury caused to a person in order to take away something that he possesses. Likewise, it includes the violence that is exercised to protect the escape or against those who try to help the victim.
Intimidation is a threat of serious evil that creates enough fear to deliver a good.
- Crime of robbery with force of things
The crime of robbery with force in things can refer to a multitude of acts, described in the Penal Code, below, we show you some of them:
- Breakage of wall, ceiling or floor.
- Climbing, this refers to the use of a place not intended for entry, such as a window.
- Breaking cabinets, chests or other types of furniture or closed objects, or forcing their locks to remove their content.
- The use of false keys.
- The deception of alarm systems.
What is the crime penalty for theft?
In article 240 of the Penal Code it is defined that he will be punished with a prison sentence of one to three years. The penalty will be from two to five years if it is committed in an inhabited house, building or premises open to the public or using weapons.
The term weapon includes any dangerous object, not just firearms or knives.
If it is committed in an establishment open to the public outside of opening hours, the award is 1 to 5 years in prison.
In the case of robbery with violence or intimidation, the penalty is 2 to 5 years in prison. If it is committed in an inhabited house or a place open to the public, the punishment is from 3 years and 6 months to 5 years.
When does the crime for robbery prescribe?
The statute of limitations for the crime of theft is 5 years for all cases except if the theft was committed in an inhabited house, premises or building provided for in article 241, punishable by 2 to 6 years in prison.
If you do not want to extend your vacation in jail too much, for this crime, call us.