In Mississippi, robbery is defined as “feloniously [taking] the personal property of another, in his presence or from his person and against his will, by violence to his person or by putting such person in fear of some immediate injury to his person . . . .” Miss. Code Ann. § 97-3-73. This is “simple robbery,” or it is sometimes referred to as “strong arm robbery.”
In order to convict you of robbery in Mississippi, the State must prove:
- That you had a “felonious intent;”
- that you used force or putting in fear as a means of effectuating a theft; and
- that you took and carried away someone else’s property from the victim’s person or in the victim’s presence.
Moore v. State, 942 So.2d 251 (Miss. 2006). If you are convicted of simple robbery (without a weapon), you can receive up to 15 years in the state penitentiary. Miss. Code Ann. § 97-3-75.
Armed Robbery has basically the same elements as simple robbery, with the added element of “by the exhibition of a deadly weapon.” Miss. Code Ann. § 97-3-79. With this simple addition, a jury can sentence you to life in prison, rather than just 15 years. And here is a legal concept that most people have a hard time understanding: Participation in an armed robbery is sufficient to make one a principal in the crime regardless of whether that participant was the person holding the weapon. Harrington v. State, 859 So.2d 1054 (Miss. 2003).
If you have been charged with robbery in Mississippi, it is important to speak with Clarence right away. Robbery is a serious felony offense, and conviction will lead to the loss of your rights and freedom. As a former U.S. Marine JAG lawyer, Clarence personally conducted his own investigation of every case he tried. He will conduct a complete and thorough forensic analysis of all the evidence, interview necessary witnesses, and deal with law enforcement so that the best strategy can be developed. If there are holes in the prosecution’s case, they will be found, and Clarence will help you develop a defense to give you the best possibility of obtaining justice.
If you would like to discuss your robbery case with us, please call The Guthrie Firm, PLLC at (601) 991-1099 or contact us online. We are here to help.