Missouri Crimes Against Property - Essay Example

Usually, property crimes are large crimes targeting jewelry, electronics, for example, stereos, cameras, and other valuable equipment. Products that are included in property crime tend to be enjoyable, concealable, valuable, available, removable, and easy to dispose (Allen, 2005). This paper will look at the State of Missouri, and its statute concerning a crime against property. A robbery charge should not be taken lightly because the outcomes of a guilty verdict are extremely harsh. Missouri law classifies a robbery charge as either that in the second degree, or that in the first degree.

In Missouri, first degree robbery is categorized as a class A felony. The class A felony constitutes a prison term that is between 10 to 30 years. An individual is involved in robbery in the first degree when he uses force to steal possessions from another person and displays, threatens, uses, or possesses a deadly or dangerous weapon, or causes severe physical harm to an individual. In contrast, an individual is involved in robbery in the second degree when he employs force to steal belongings from another person (Conklin, 1972).

In Missouri, second degree robbery is categorized as a class B felony. . The definitions of robbery crime used are mainly of two types: those that are modified to the standards of American Law Institute Model Penal Code and those directly originated from the former English common law (Friedman, 2005). Missouri statues move into extra details while a small number of states like Virginia, leave the description as it is in the common law. Under the historical common law or older definitions of robbery, it demands proof of theft, the key common law theft, the theft is by fear or force, and the theft is from immediate presence or person of the victim.

Use of Fear or Force The prime element of robbery is that theft be by means of either fear or force. A common form of robbery that utilizes force is mugging. In this case, the robber holds the neck of an unsuspecting individual from the rear and uses force to take his or her valuables, for example, wallet, purse, or phone. Other popular forms of force include striking a victim with a blunt object, fist, or gun. In contrast, picking another person’s pocket is not presumed as robbery. This is because there is no perceived use of fear or force, and robbery entails the use of force and not just removing the belongings from the pocket (Siegel, 2003).

Nevertheless, if the robber manhandles the victim during the taking, or if the victim is aware of the endeavor and resists, it becomes robbery. Taking from Presence or Person Another element of robbery, under historical common law, is that the action be in the immediate presence of the victim or from the individual. Possession is considered taken from a person if it is taken from his clothing or hand, or from an area where it is hidden while the individual is running away from the robber. A victim’s