Robbery is defined as forcible stealing. This is done when the offender:
1.inflicts serious bodily harm upon another
2. threatens another with or purposely puts him in fear of immediate serious bodily injury
3. commits or threatens immediately to commit any felony of the first or second degree
(Thomas J Gardner. Terry M. Anderson. Criminal Law. 12th Ed. Pg 390)
The elements of robbery are 1. taking and carrying away (slight movement of property is good enough)
2. property of another
3. intent to steal
4. form the person or presence of the victim
5. use of force against the person
6. threat of use of imminent force, to compel the victim to acquiesce in the taking and carrying away of the property
(Thomas M. Gardner. Terry M. Anderson. Criminal Law. 12th Ed. page 390-391)
Common Law Burglary was limited to houses of another, entry into the house had to be made anywhere other than an open door or a window (this was called breaking), and could only be committed at night. Entry through an open door or window did not constitute a breaking. The punishment for this was death. Because of the severity of the punishment a breaking was required. (Thomas J. Gardner. Terry M. Anderson. Criminal Law. 12th Ed. Page 400-401)
Modern Day Burglary is defined in Texas Penal Code 30.02 (a) (1-3) as entering any building not open to the public with intent to commit a felony, theft, or an assault and or remains concealed. (All States have abolished the requirement of breaking in their general burglary statutes (Thomas J. Gardner. Terry M. Anderson. Criminal Law. 12th Ed. page 401)).
These offenders have robbed a jewelry store. It is a place open to the public and therefore can not be classified as a burglary. Having the sledgehammer makes it an aggravated crime as this was used as a weapon and the people in the store had a fear for their lives. I would charge the offenders with conspiracy to commit a crime and armed robbery.
Part II
Bob is guilty of arson. Texas Penal Code 28.02 (a) (2) (C) says a person is guilty of the offense if they start a fire to destroy or damage an building ,(C) "knowing that it is subject to a mortgage..." Even though he may not intend to get the money for it he has still committed the crime of arson.
No. Joey can not be gulty of trespassing. According to Texas Penal Code 30.05 (a) (1) and (2), Joey had to have notice and stayed on the land after being told to get off. He is unaware that he has crossed the property line. However, if they've been living up there for a while, even it it's a vacation home, he likely knows where the boundary is and shouldn't cross it because then he would be trespassing unless he got the land owners permission to be there. However, if there is a sign it must be in plain view. Having a sign on a tree, in my opinion, is not good enough. What if Joey didn't pass by that particular tree? What is the grass is grown around it and blocking the sign? What is the tree isn't maintained and the branches are hanging down in front of the sign, blocking. Then I would say he is not guilty of trespassing.
how would you agree or disagree with this statement?