Category: Elements of Robbery

Elements of Robbery in Missouri


Elements of Robbery

Stealing something from the additional person by force, pressure and fear. Under the laws of Missouri revised statutes robbery is a serious crime. It is important to understand the specific elements of robbery as these elements distinguish robbery from other crimes as burglary and theft. In this article we will investigate the difference between first degree and second degree robbery and will highlight the penalties’ according to the legal consideration.

Robbery in the First Degree

According to the Missouri law an individual committed a crime as robbery in the first degree if, during the course of robbery according to the Section 570.023 of the Missouri Revised Statutes as:

  • Cause a serious physical injury from any individual,
  • Are armed with the deadly,
  • Threaten or use the immediate weapons against any person,
  • Display or threaten the use of what appear deadly weapon
  • Display or threaten the use of what appears to be a dangerous instrument or deadly weapon.

Robbery in the Second Degree

Robbery in the second degree is less severe but still is a serious crime. Person commits second degree robbery if they forcibly steal property Under Section 570.025 of Missouri Revised Statutes. The difference between first degree and second degree is an absence of aggravating factors such as being armed with a deadly weapon and causing serious physical injury.

Key Elements of Robbery 

1. Unlawful Taking 

The defendant must have taken property from the victim without permission or legal defense. This means the defendant’s action was not authorized by law, and there was no consent from the owner. Illegal taking reveal the act of seizing control over someone else’s property against their will.

2. Property of Another 

Another essential element is. This includes both tangible items, such as money or personal belongings, and intangible assets, such as digital property. The implication of this element highlights the fact that the property is legally owned by someone else, thus making the act of taking it an abuse of their rights.

3. Intent to Permanently Deprive 

The trial must provide that the defendant had the intent to permanently deprive the owner of their property. This means the defendant’s actions were not intended or temporary intended to borrow but to take ownership permanently. The determination is important because it differentiate robbery from other crime crimes where the intent might be to use the property temporarily or return it after a specific period.

4. Use of Force or Threat of Force 

The defining element of robbery is the use of force or to accomplish the taking. This can include intimidation, physical violence, or threats that instill fear in the victim.The presence of the force and threat thereof is what elevates the crime to robbery, distinguishing it from other forms of theft or larceny.

5. Immediate Presence of the Victim 

For a robbery to be accurate, the victim must have immediate presence of the property at the time of the taking. This means the property is taken directly from the victim or within their immediate controller such as from their person, home, or vehicle. The immediate presence element safeguards that the victim involves the force or threat of force directly.

6. Lack of Consent 

Robbery requires that the taking of property is done without the victim’s consent. this lack of consent is intertwined with the use of force or intimidation. If the victim consents, even under pressure, the act may not constitute robbery but rather another form of coercion or extortion.

7. Awareness of the Victim 

The victim must be aware of the taking and the use of the force and threat. This awareness differentiates the robbery from theft where the victim may be unaware of the property being taken.This consciousness differentiates theft from theft where the victim. The psychological impact on the victim, such as trauma and fear, is also a serious aspect of robbery.

8. Presence of Criminal Intent 

The defendant must have a specific criminal intent to commit robbery. This means that the act was premeditated and planned or with the purpose of taking property through force and intimidation. The trial must prove beyond a reasonable doubt that the defendant intended to commit robbery, characterizing it from impulsive or accidental actions.

Penalties for Robbery

The consequences for committing robbery in Missouri are severe, underscoring the gravity of the crime. A first degree robbery, deemed a Class A felony may result in a sentence ranging from 10 years to life imprisonment. On the other hand, second degree robbery, classified as a Class B felony carries a punishment of 5 to 15 years behind bars. The specific sentence can vary based on factors such as the defendant’s record, the circumstances surrounding the offense and any mitigating or aggravating elements at play. These different factors can influence the sentencing outcome significantly.

Legal Defenses Against Robbery Charges

Legal defense is more important to decrease the crime rate, legal defense against robbery charges includes as:

  1. Lack of Intent: Asserting that the accused did not have the intention to forcefully take the property.
  2. Mistaken Identity: Claims that the accused was known as a criminal.
  3. Alibi: presents the evidence that proves that the criminal was in a location at the time of robbery.
  4. Duress: Arguing that the accused was compelled to commit the robbery under threat of harm.

Each defense necessitates examination and compelling evidence, for its effectiveness.

Case Law and Examples 

Understanding how robbery laws are applied in real cases can provide valuable insights. Missouri courts have addressed numerous robbery cases, each illustrating different aspects of the law. For instance, the cases involving the use of weapons or causing injury to the victim typically result in more severe penalties. The solicitors always refer to the case law in the defense strategies they analyze past decisions to overcome how current cases might be solved.

What Differences Between Robbery, Burglary and Theft

The difference between robbery, theft and burglary is so important to understand the that we can understand it in depth:

  • Theft: without consent Involves taking someone’s property but does not involve threat or force.
  • Burglary: the intent to commit a crime inside Involves unlawfully entering a structure that may or may not include theft.
  • Robbery: Robbers always threaten and force and direct hostility with the victim.


Robbery in Missouri is a complicated crime with serious consequences. To understand the elements that constitute robbery, the difference between first and second degree robbery, and the penalties of robbery degree first and second is important for anyone involved in case law. By distinguishing robbery from offenses that are related to theft, we can appreciate the vital legal framework that governs this serious crime.