AGGRAVATED ROBBERY - OFFENSIVE WEAPON

Question 1

Section, Act, Penalty

Elements

Answer 1

235(c) CA 1961 - 14yrs

Being armed with any offensive weapon 
or 
instrument 
or 
anything appearing to be such an offensive weapon or instrument 

Robs
Any person

Question 2

Being armed with

Answer 2

The defendant is carrying the item or has it available for immediate use as a weapon.

Question 3

Being armed with

Answer 3

The defendant is carrying the item or has it available for immediate use as a weapon.

Question 4

Offensive Weapon

Answer 4

An article made or altered for the use of causing bodily injury or intended by the person having it with him for such a use or any article capable of being used for causing bodily injury

Question 5

Instrument

Answer 5

Not defined by statute but will include any item intended to be used as a weapon or to intimidate and overbear the victims will to resist

Question 6

Anything appearing to be such a weapon or instrument

Answer 6

The object appeared to be an offensive weapon or instrument to the Victim and the defendant intended or was reckless as to the possibility that it would be perceived as a weapon.

Person using finger under clothing is not sufficient.

Question 7

Robs

Answer 7

Theft accompanied by violence or threats of violence to any person or property, used to extort the property stolen or used to overcome resistance to the property being stolen.

Question 8

Any person

Answer 8

Gender neutral proven by judicial notice or circumstantial evidence.