What Is Strong Arm Robbery and How Is It Charged?

Strong arm robbery is a serious crime involving physical force or intimidation to take property directly from a person, even without a weapon. It is treated more severely than simple theft and typically results in felony charges. Understanding how this offense is defined and prosecuted clarifies its distinction from other forms of robbery and theft.

Offense Classification

Strong arm robbery is classified differently than theft because it involves direct confrontation with a victim. Legal systems generally categorize crimes as either misdemeanors (less serious) or felonies (more serious). Because strong arm robbery involves taking property from a person or in their presence using force or fear, it is almost always classified as a felony. This reflects the violation of personal security and potential for harm, distinguishing it from non-violent property crimes like shoplifting where no force or fear is used. Felonies may be further graded, but robbery consistently ranks higher than misdemeanor theft.

Elements of Force or Fear

To secure a robbery conviction, prosecutors must prove the taking involved either force or fear. “Force” does not require significant violence; even minimal physical contact used to overcome resistance, like prying an item from someone’s grasp or pushing them, can suffice. The key is that the force must be used to accomplish the taking of the property or to escape with it.

“Fear” involves putting the victim in apprehension of immediate or, in some places like Nevada, future injury. This fear can be conveyed through actions or circumstances, not just explicit threats. The standard is often whether the defendant’s conduct would reasonably cause fear in the victim, sufficient to overcome their will to resist. Some laws, like Nevada Revised Statute 200.380, specify that the fear can relate to injury to the victim, their property, a family member, or anyone present. The threat can be of immediate or future harm.

Crucially, the force or fear must be directly connected to the taking of the property—used immediately before, during, or right after the act to retain the property or escape. Force used incidentally or after the perpetrator has safely escaped might not elevate theft to robbery.

Differences From Armed Robbery

The primary difference between strong arm robbery and armed robbery is the presence of a weapon. Strong arm robbery relies on physical force or intimidation alone, while armed robbery involves committing the robbery while possessing, using, or threatening to use a weapon.

A “weapon” can be broadly defined. Nevada law, for instance, includes items designed to be dangerous, like firearms or certain knives, but also any object used or threatened in a way capable of causing serious harm or death, such as a broken bottle or pipe (Nevada Revised Statute 193.165). The mere presence of a weapon, even if not used, often elevates the crime to armed robbery because it increases the potential danger and intimidation. Some jurisdictions consider even a simulated weapon sufficient if the victim reasonably believes the perpetrator is armed. In Nevada, the base crime of robbery is defined in statute 200.380, and the use of a deadly weapon typically triggers sentencing enhancements under other statutes like 193.165, rather than being a separate statutory crime within 200.380 itself.

Possible Charges and Penalties

An accusation of strong arm robbery leads to specific charges and potential penalties. In Nevada, robbery without a deadly weapon falls under Nevada Revised Statute 200.380, which defines it as unlawfully taking property from a person or their presence against their will, using force, violence, or fear of injury (immediate or future, to the victim or others).

Under Nevada law, robbery without a deadly weapon is a Category B felony, a serious classification (Nevada Revised Statute 193.130). A conviction carries a mandatory state prison sentence with a minimum term of 2 years and a maximum term of 15 years. The judge determines the specific sentence within this range based on the case details. While statute 200.380 focuses on imprisonment, fines may also be imposed under broader felony sentencing rules.

Common Defenses

Several defenses can be raised against a strong arm robbery charge. Misidentification is one common strategy. Robberies can occur quickly under stressful conditions, leading to potential errors in eyewitness accounts. Defense attorneys may challenge the reliability of the identification by examining the circumstances of the observation or flaws in police lineup procedures. An alibi, proving the accused was elsewhere, can also counter identification evidence.

Another defense involves challenging whether the elements of force or fear, as required by statutes like Nevada Revised Statute 200.380, were actually present. The defense might argue the taking occurred without sufficient force or intimidation to constitute robbery, potentially characterizing it as a lesser offense like larceny (theft without confrontation, defined in Nevada under statutes 205.220 or 205.240). If property was taken by stealth or snatched without resistance or threat, the argument is that the necessary force or fear for robbery was absent.

Arguments about the defendant’s intent might also arise. The defense could claim the accused did not intend to permanently deprive the owner of the property. A related, though often limited, defense is the “claim of right,” where the accused asserts a genuine belief they were entitled to the property. However, using force or fear to retrieve property, even if believed to be rightfully owned, can still meet the definition of robbery in many jurisdictions, including Nevada, because the focus is on the forceful taking from another’s possession against their will (Nevada Revised Statute 200.380). Nevada law also specifies that ownership is generally not a defense to theft-related crimes involving taking from another’s possession (Nevada Revised Statute 205.265).