Shoplifting Charged As 1st Degree Robbery?

[codon blue]

What is the name of your state? Washington
Hello, one of my best friends did something really stupid, he tried to take a memory stick for his computer out of a Walmart store without paying for it. Consequently, two security guards chased him through the parking lot and in the process of tackeling him to the ground, dislodged his cell phone and pocket knife that was clipped onto his pocket. Anyhow, my friend has been in jail for over a month now being held on $20,000 bail and charged with First Degree Robbery! His court appointed lawyer has told him he will serve 1 to 3 years for this and that he will get convicted of it for sure. How is this possible? My understanding of Robbery is theft by use of fear, and first degree is use of a deadly weapon. How can this apply? Please help, this guy is one of the sweetest non-violent people I have ever met. He has never even been in a fight and he is over 40 years old. Thanks for any information you can give me on how to help him.
Linda

 

[SHORTY LONG]

He might be one of the sweetest... but does he have a criminal history that accompanies it.
Have you spoken with a Bail Bonds Person to see if you can bail him out. Without knowing his
complete past history, it would be fruitless to comment on "how this is possible."

 

[Ozark_Sophist]

Your friend commited a crime while he was armed with a pocket knife. Yes, a pocket knife counts as a deadly weapon.

 

[codon blue]

Legal Definitions

The legal definition for Robbery is "taking personal property from a person against his will by the use or threatened use of immediate force, violence, or fear of injury". And the legal definition for being armed with a deadly weapon is "an implement or instrument which has the capacity to inflict death and FROM THE MANNER IN WHICH IT IS USED, is likely to produce or may easily and readily produce death". For crying out loud, my friend always carries a pocket knife and he certainly wasn't using it during his crime. Nor did he take any personal property by violence or threat of violence. This is a simple case of third degree retail theft. Being charged with first degree robbery in this case is ridiculous and ignorant, and so are any of you if you think otherwise.

 

[Some Random Guy]

Your legal definition of robbery is irrelevant. What matters is the Washington State definition

http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.56.200

RCW 9A.56.200
Robbery in the first degree.

(1) A person is guilty of robbery in the first degree if:

(a) In the commission of a robbery or of immediate flight therefrom, he or she:

(i) Is armed with a deadly weapon; or

(ii) Displays what appears to be a firearm or other deadly weapon; or

(iii) Inflicts bodily injury; or

(b) He or she commits a robbery within and against a financial institution as defined in RCW 7.88.010 or 35.38.060.

(2) Robbery in the first degree is a class A felony.

I added the bolding. According to state law, he is guilty of robbery in the first degree if he was running from the store with a deadly weapon. Was the folding knife a deadly weapon?

RCW 9A.04.110 (6) "Deadly weapon" means any explosive or loaded or unloaded firearm, and shall include any other weapon, device, instrument, article, or substance, including a "vehicle" as defined in this section, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or substantial bodily harm;

RCW 9.94A.602

"..For purposes of this section, a deadly weapon is an implement or instrument which has the capacity to inflict death and from the manner in which it is used, is likely to produce or may easily and readily produce death. The following instruments are included in the term deadly weapon: Blackjack, sling shot, billy, sand club, sandbag, metal knuckles, any dirk, dagger, pistol, revolver, or any other firearm, any knife having a blade longer than three inches, any razor with an unguarded blade, any metal pipe or bar used or intended to be used as a club, any explosive, and any weapon containing poisonous or injurious gas."

charged with first degree robbery in this case is ridiculous and ignorant, and so are any of you if you think otherwise.

This is a free site - be nice to those who provide assistance, even if their answers are not what you want to hear.

 

[Ozark_Sophist]

With that definition, the knife is potentially irrelevant. If the security folks suffered an injury in the scuffle or fall, it is still robbery in the first degree. see a.(iii).

 

[VeronicaLodge]

Being charged with first degree robbery in this case is ridiculous and ignorant, and so are any of you if you think otherwise.

well lets just wait and see what the judge thinks, then you can call him ignorant too.

 

[Scoobydoobie]

Ignorant?

Codon Blue, If you honestly think that just because someone answers your question in a way that does not suit what you want to believe then they are ignorant, then what business do you have posting on this site? Your friend actually is charged with the correct accusation. A pocket knife, no matter the circumstance, is a deadly weapon. The fact that your friend committed a crime with it on his person makes it such. I am a recently graduated attorney of criminal law and i'm sorry honey, but your friend is ****ed.

 

[ShyCat]

Scoobiedoobie, please don't necropost. This thread is over 2 years old.