In the state of Nebraska, robbery is classified as a Class II felony. The difference between robbery and theft can typically be determined by evaluating whether force or violence have been used in depriving an individual of personal property or money. The Nebraska Revised Statute 28-324 indicates that a robbery has been committed if an individual forcibly and by violence takes property of any value from another person with the intent to steal.
An individual might argue that a property is abandoned or that someone intended to dispose of such property by destruction or by giving it away. However, depriving an owner of such property on a permanent basis is considered intent to steal. An act may also be classified as robbery if stealing is accomplished by causing fear in the individual whose property is taken. For instance, the use of a non-working weapon or of an item displayed as if it were a weapon is considered as instilling fear in an individual.
Robbery is typically addressed as a crime at the state level, but some situations may call for robberies to be classified as federal crimes. One of the most common types of federal robberies involves banks or similar financial institutions. Additional situations involving possible federal charges for robbery are those involving interstate commerce.
A lawyer representing an individual alleged to have committed a robbery might be able to review all evidence against a client in order to formulate a strong defense against the charges. Communication between a client and a defense lawyer may be important in establishing the timeline of an event to counter allegations of violent action.
Source: Findlaw, “Robbery Overview”
Source: Nebraska Legislature, “Nebraska Revised Statute 28-324“, October 13, 2014
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