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Law Tutor, Esq.
Law Tutor, Esq., Lawyer
Category: Criminal Law
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Experience:  N/A
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If someone is charged with armed robbery but the gun isnt

Customer Question

If someone is charged with armed robbery but the gun isnt brandish is that still considered arm robbery?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Law Tutor, Esq. replied 10 months ago.

Hello. I am an attorney with over 20 years of experience and I look forward to assisting you today. I would be happy to provide general information regarding your question. At the end of this discussion I am going to ask you to please rate me, since that is the only way I get credit for my time here today—this is at no extra cost to you.

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Expert:  Law Tutor, Esq. replied 10 months ago.

In what state did this occur?

Expert:  Law Tutor, Esq. replied 10 months ago.

In most jurisdictions, a person commits armed robbery when he takes something from someone else, using force, violence or intimidation, while carrying or displaying a dangerous weapon. Brandishing the firearm is not a requirement. In fact, brandishing a firearm is usually a separate offense. Brandishing a weapon is when a deadly weapon or firearm is drawn in the presence of another person and it was drawn in a rude, angry or threatening manner or drawn unlawfully in a fight or quarrel. So brandishing a firearm is not an element of the offense of robbery - only carrying or displaying a firearm is one of the elements of the offense of robbery. Do you have any other questions?

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