Robbery without Violence - Essay Example

The third element to be used by Jigger in building his case is that while Frankie was taking his ipod, he used violence or threat to violence. To consider the concept of threat, the law makes emphasis on “presence”. The property must be in the presence of the victim so that it may be proven that indeed the victim was in apposition of defending his property were it not that violence was used or threat to the violence was used, then the victim would have been in a position to defend the property. In this case, Jigger was with his property, which means that had it not been that Frankie used the threat to violence, he would not have given away his ipod. It should be noted that the concept of violence, needs not physical injury or physical contact is made. Had it been that Frankie grabbed the ipod from Jiggers hand, then the court would be able to charge Frankie with robbery with violence.

The case against Frankie falls under two circumstances. While Frankie would argue that he only hit Jigger after he had taken the ipod, Jigger would argue that at the point of taking off the ipod, Frankie had used threat in the case he did not cooperate.  At this point, the case of robbery shall have been built strongly. In the next instance, Jigger would file for the case against Frankie to be just violent. There is no certainty that the act of violence directed to Jigger by Frankie was to facilitate the taking of Jigger’s property. This is because by the time violence was being committed, Frankie already had the ipod. Jigger therefore must file the violence case against Frankie separate from the robbery case.