Submitted by Anonymous on Fri, 08/27/2010 - 08:40
My nephew was involved in some sort of an altercation in which he was trying (apparently) to rob a man of his watch. The boy (he's 19) has had drug problems and I assume this issue was in play. He used a small bat to threaten the man and to take the watch. He was arrested the next day because the man recognized him. So is this an armed robbery even if he didn't hit him and what would the penalty be?
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Armed Robbery
Unfortunately the circumstances you describe most likely amount to an armed robbery as defined by MGL ch. 265 sec. 17. The penalty for armed robbery is any sentence up to life in prison. The elements of armed robbery are as follows:
First: that the defendant was armed with a dangerous weapon; Second: that the defendant either applied actual force and violence to the body of the victim, or put the victim in fear by threatening words or gestures; Third: that the defendant took the money or other property with the intent to steal it; and Fourth: that the defendant took the money or other property from the person or immediate control of the victim.
However, there are a number of defenses and other ways to achieve a beneficial result in your nephews case. If he does not have a substantial criminal record, your nephews attorney may be able to convince the prosecutor or the judge to agree to probation with substance abuse treatment. To get more specific advice you will need to sit down with an attorney and have him or her examine all of the reports and other evidence in the matter. Feel free to contact me with further questions.
Attorney Kevin Gaughen, Jr.