Robbery is theft by the use of force. By definition, the property's owner is either in physical possession of the property or merely present during the robbery. However, the property owner need not have lawful possession of the property. A theft is the taking and carrying away of the property of another with the intent to permanently deprive the rightful owner of that property. Force is any action that either prevents the property owner or another person from preventing the theft or threatens to cause such prevention. The type of force used or threatened classifies the degree of the crime. If a dangerous weapon was used in the commission of the robbery, the robbery can be charged as a Class C felony, otherwise it is a Class E felony. A gun is a dangerous weapon, but so is any other article that can or is reasonably perceived to be able to cause bodily injury or death. A Class C felony includes penalties of up to 40 years imprisonment, or $100,000 file, or both. If a convicted defendant is classified as a repeat offender, the court can order up to 2 additional years imprisonment if the priors were misdemeanors and up to six additional years imprisonment if the priors were felonies. A Class E felony includes penalties of up to 15 years imprisonment, or a $50,000 fine, or both. Repeat offender classification increases the imprisonment terms up to 2 years with prior misdemeanor convictions and up to six years with prior felony convictions. Violence or the threat of violence distinguishes robbery from theft. While a theft can occur during a situation involving violence, a robbery is always a violent crime. WI Statute 943.32 Robbery The Wisconsin criminal code is enumerated in Wisconsin's Statutes. Wisconsin Statute 943.32 (below) defines the elements of the crime of robbery and provides the penalty classification (a felony). While this is the formal definition of robbery, the actual application of the law rests upon years of criminal trial case history, precedence, prior interpretations, court rulings, administrative hearings, and plea bargains. If you are under investigation for robbery, if you have been arrested for robbery, or if you have already been convicted of robbery and want to appeal or challenge the conviction or sentencing, please contact the attorneys at Tracey Wood & Associates for a brief professional first-impression analysis of your case and a truly straightforward honest opinion of how the law can affect you. 943.32 Robbery 943.32(1) (1) Whoever, with intent to steal, takes property from the person or presence of the owner by either of the following means is guilty of a Class E felony: 943.32(1)(a) (a) By using force against the person of the owner with intent thereby to overcome his or her physical resistance or physical power of resistance to the taking or carrying away of the property; or 943.32(1)(b) (b) By threatening the imminent use of force against the person of the owner or of another who is present with intent thereby to compel the owner to acquiesce in the taking or carrying away of the property. 943.32(2) (2) Whoever violates sub. (1) by use or threat of use of a dangerous weapon, a device or container described under s. 941.26 (4) (a) or any article used or fashioned in a manner to lead the victim reasonably to believe that it is a dangerous weapon or such a device or container is guilty of a Class C felony. 943.32(3) (3) In this section "owner" means a person in possession of property whether the person's possession is lawful or unlawful. Robbery Of A Financial Institution A theft from an individual at a financial institution is robbery if force or the threat of force is used to take the property or money from the possession of or under the custody or control of the financial institution. The individual need only perceive that the force has been or will be used to take the property or money. Robbery from a financial institution is a Class C Felony. Theft As A Lesser Crime To Robbery Theft is a lesser included crime to robbery. If a robbery has occurred, then by definition, a theft has occurred. Murder During Robbery If a homicide occurs during a robbery, then the homicide may be charged as Felony Murder. Felony murder is the commission of a homicide during the commission of a felony. Robbery is a felony. The commission of a felony encompasses much more time and all of the actions taken during that time than just the actual moment in which the crime is executed. For instance, the time and acts leading up to the robbery and the time and acts fleeing from the robbery can constitute a "commission of the crime" and a homicide occurring during any of that period of time is Felony Murder. As well, a murder committed during the felony as the result of the actions or interference of another person can also constitute felony murder, whether the acts were intentional or accidental, and criminal liability can be imposed upon all participants involved in the felony including accomplices assisting before the commission of the crime and after the commission of crime. Free but professional "first-impression" analysis If you are under investigation or have been arrested for any crime, or if you have already been convicted of a crime and believe your conviction to be wrong or your sentence too harsh, please call (608) 350-1004 or email the Attorneys at Tracey Wood & Associates right away. An Attorney at Tracey Wood & Associates will provide you with a brief but professional free "first-impression" analysis of your appeal based on the facts that you are able to convey. You can also submit your case online or email the attorneys.
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