Common law robbery is a traditional (historical) definition of robbery—a serious crime rooted in common-law (judge-made) criminal law. Unlike mere theft, common law robbery involves force or the threat of force when taking property from someone.
According to U.S. criminal law principles, robbery originally comes from common-law jurisprudence.
Key Elements of Common Law Robbery
At its core, common law robbery requires several essential elements. Different jurisdictions may phrase them slightly differently, but the traditional common law definition includes:
- Taking (Trespassory)
- There must be an unlawful taking of personal property (the property of another).
- Carrying Away (Asportation)
- The property must be carried away, even slightly, from its original location.
- Property of Another
- The property must belong to someone else.
- From the Person or Presence of the Victim
- The taking must occur from the victim’s person (like their body or clothing) or their immediate “presence” (within reach or control).
- By Force or Threat of Force
- The taker must use violence or put the victim in fear to facilitate the taking.
- Intent to Permanently Deprive
- The person committing robbery must intend to permanently deprive the owner of their property.
These elements distinguish robbery from other theft crimes like larceny, which generally do not require force.
Why Is It Called “Common Law” Robbery?
- The term “common law” refers to legal principles that come from court decisions and judicial precedent rather than written statutes.
- Historically, robbery was one of the traditional “common law felonies.” Over time, many jurisdictions codified robbery into their criminal statutes.
- Even in modern law, courts and statutes often refer back to the common-law definition when interpreting robbery’s elements.
Why Common Law Robbery Matters Today
- Seriousness of the Crime: Because force or intimidation is involved, robbery is considered more serious than simple theft or larceny.
- Sentencing: Robbery convictions often lead to significant prison time, fines, and long-term consequences.
- Aggravated Versions: Many modern statutes build on the common-law foundation to define more severe forms like armed robbery or aggravated robbery (when weapons are used or serious injury occurs).
- Federal Implications: In certain federal contexts (like under the Armed Career Criminal Act), common-law robbery elements are considered when classifying “violent felonies.” For example, in Stokeling v. United States, the Supreme Court held that even “slight force” overcoming victim resistance may count as common-law robbery.
Common Defenses to Common Law Robbery
Some of the typical legal defenses include:
- Lack of Force or Threat: Arguing that no real force or intimidation was used.
- No Taking from Person/Presence: Claiming the property wasn’t taken directly from the victim or within their control.
- Lack of Intent: Saying that the taker did not intend to permanently deprive the owner (e.g., it was a misunderstanding or a temporary taking).
- Mistaken Identity: The defendant was misidentified or was not the person who committed the taking.
Frequently Asked Questions (FAQ)
Q1: How is robbery different from larceny?
A1: Robbery involves force or threat of force. Larceny is simply the unlawful taking of property without force.
Q2: Does common law robbery require a weapon?
A2: Not necessarily. Force or intimidation can be used with or without a weapon. The key is overcoming the victim’s resistance or instilling fear.
Q3: Can someone be charged with robbery even if they didn’t succeed in taking anything?
A3: Yes, in many jurisdictions attempts or threats to take property (if the other elements are met) can lead to robbery charges.
Q4: Why do some laws reference “common-law robbery” even today?
A4: Because modern robbery statutes are often based on, or informed by, common-law definitions. Courts sometimes interpret statutes by looking back to the common-law elements.
Final Thoughts
Common law robbery is a foundational concept in criminal law—a hybrid crime combining theft and violence. Understanding its elements—taking property, force, presence, and intent—is essential both for legal professionals and for anyone seeking to grasp why robbery is treated more harshly than simple theft.
If you or someone you know is facing robbery charges (or just wants to understand the risks), it’s a good idea to consult a criminal defense attorney. They can explain how common-law principles apply in your jurisdiction and what defenses may be available.
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