Shoplifting, Larceny, Robbery, Theft Robbery By Sudden Snatching

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JustACopper

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There is some disagreement in the PD about when you should charge Theft and when you should charge Robbery by Sudden Snatching. The State Statute, in part, says "Robbery By Sudden Snatching means the taking of money or other property from the victim's person,.....". Some believe this requires the victim to be in actual physical possession of the item stolen. Some believe that the victim only needs to have the item stolen under their control. Example: A woman exits a market with her purse in the shopping cart (i.e. she is not actually touching the purse). A person comes up and grabs the purse from the cart and runs away. Should the person be charged with Theft or Robbery?
 
It depends on the laws in your state. In mine (California) this could be grand theft (a felony), not robbery. The crime of robbery requires an added element of force or fear which is not present in the act of grabbing the purse from someone's shopping cart or even from their hand.

I would recommend asking for clarification from your local prosecutor's office.

- Carl
 
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