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What Is Common Law Robbery?

  • Legal Inquirer
  • August 16, 2021

Robbery in common law is referred to as an armed robbery which intends to steal or take something valuable of someone with the use of force and threat. Common law treats robbery as a serious felony which is definitely punishable with incarceration of at least one year, but could be more depending on the seriousness of the crime.

Table of Contents

Toggle
  • Types of Robbery
  • Theft Definition
  • Felony Conspiracy Jail Time
    • Examples of Common Law Robbery
  • Conclusion

Types of Robbery

A robbery is something that is taken without the consent of someone with force. There are several types of robberies that we often hear about in our daily lives:

  • Armed robbery: Robbery with the use of weapon, often deadly, like a gun or knife
  • Highway robbery: Happens in a public place outside of the victim’s home
  • Mugging: Stealing by force in the streets
  • Carjacking: Stealing the victim’s car/vehicle by force
  • Extortion: This speaks more than actions, by threatening the victim to do something to them illegally if the thief’s request isn’t met.

Theft Definition

Theft is defined as the act of stealing, taking away something without their consent. A thief is the person who forcefully steals something, but may or may not intend to keep it. Many of them sell it or destroy it once their purpose is complete.

Theft is a robbery, maybe not as aggravated with the use of deadly weapons.

Felony Conspiracy Jail Time

In law, a conspiracy must have a criminal motive or agenda as the end goal; it is simply a plan made by two or more people to engage in a felony and then take steps towards it. The step taken isn’t necessarily a crime, but it must indicate that it was done to reach the bigger goal.

Examples of Common Law Robbery

For instance, if a group of five people made a plan to rob a bank next month, and one of them went in the property to take notes of the security cameras and guards there, and another person went to rent a vehicle to be used in the heist- individually taking notes and renting a vehicle isn’t a crime, but since they were the steps taken to commit a crime, there is a conspiracy and the five of them will be punished accordingly. But if they actually went along with the heist, it is a classic example of common law robbery.

Committing a crime or conspiring to commit a crime are both equally punishable in the eyes of the law. The penalty is harsh and sometimes, along with the jail sentence, there could be heavy fines too. Under the law, the punishment for conspiracy varies.

The punishment for armed robbery is 10-25 years in prison, and the conspiracy for that is punishable by 10-25 years as well. But if a person is convicted of the crime as well as conspiring against it, the punishment could even exceed 50 years.

The minimum for a conspiracy is 5 years in jail, non-negotiable. A felony burglary conviction can lock you up in the prison for about 20 years, but if it’s just a conspiracy and it is proved that you weren’t an active part in the crime, a minimum of 1 year is still there. A misdemeanor too can get you in prison for at least a year.

Along with this, there are fines. A burglary fine can be $100,000 and can be more if it is convicted. A burglary misdemeanor fine is usually less than $1,000.

There are severe punishments for other felonies as well, including lifetime imprisonment and thousands of dollars in fine.

Classification Crime

(CGS §)

Mandatory Minimum Sentence Maximum Prison Sentence
Capital Felony Capital felony

(53a-54b)

Execution or life imprisonment without possibility of release Same
Class A Felonies Aggravated sexual assault of a minor

(53a-70c, 2008 Supp.)

● 1st offense: 25 years

● Subsequent offense: 50 years

25 years
Murder

(53a-54a)

25 years 60 years
Felony murder

(53a-54c)

25 years 60 years
Assault of pregnant woman resulting in termination of pregnancy

(53a-59c)

10 years 25 years
Kidnapping 1st degree

(53a-92)

One year (+) 25 years
Kidnapping 1st degree with a firearm

(53a-92a)

One year (+) 25 years
Employing a minor in an obscene performance

(53a-196a)

10 years 25 years
Home invasion

(PA 08-1, JSS, § 1)

10 years (+) 25 years
Class A or B Felonies (Depending on Circumstances) Sexual assault 1st degree

(53a-70)

Two, five, or 10 years depending on the conduct and victim’s age * ^ + 20 or 25 years depending on the conduct and victim’s age
Aggravated sexual assault 1st degree

(53a-70a)

Five, 10, or 20 years depending on the conduct and victim’s age * ^ + 20 or 25 years depending on the conduct and victim’s age
Class B Felonies Injury or risk of injury to a minor (involving contact with intimate parts of a minor under age 13)

(53-21))

Five years 20 years
Manslaughter 1st degree with a firearm

(53a-55a)

Five years (+) 40 years
Assault 1st degree

(53a-59)

● Five years if causes injury using a deadly weapon (+)

● 10 years if the victim is under age 10 or a witness (+)

20 years
Assault 1st degree of elderly, blind, disabled, pregnant, or mentally retarded person

(53a-59a)

Five years (+) 20 years
Enticing a minor (when minor under age 13)

(53a-90a)

● 1st offense: five years

● Subsequent offense: 10 years

20 years
Kidnapping 2nd degree

(53a-94)

Three years (+) 20 years
Kidnapping 2nd degree with a firearm

(53a-94a)

Three years (+) 20 years
Burglary 1st degree (with explosive, deadly weapon, or dangerous instrument)

(53a-101)

Five years (+) 20 years
Robbery 1st degree (with deadly weapon)

(53a-134)

Five years (+) 20 years
Importing child pornography

(53a-196c)

Five years 20 years
Possessing child pornography 1st degree

(53a-196d)

Five years 20 years
Computer crime in furtherance of terrorism (when directed toward public safety agency)

(53a-301)

Five years 20 years

Note: Sample data has been extracted online, courtesy of CGA.

Conclusion

A common law robbery has many names: theft, heist, larceny. All of these types are a crime in the eyes of the law and are bound to be punished accordingly. Depending on the time of crime and robbery, the punishment varies.

Conspiracy to rob is equally punishable by law, and conspiracy to commit a felony, no matter how serious, is also considered a major crime which results in serious punishment.

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Legal Inquirer

Nabeel Ahmad is the founder and editor-in-chief of Legal Inquirer. Apart from Legal Inquirer, he is a serial entrepreneur, and has founded multiple successful companies in different industries.

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