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The Massachusetts Legislature defines Armed robbery under Massachusetts General Law Chapter 265, § 17 as follows:
Section 17. Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property which may be the subject of larceny shall be punished by imprisonment in the state prison for life or for any term of years; provided, however, that any person who commits any offence described herein while masked or disguised or while having his features artificially distorted shall, for the first offence be sentenced to imprisonment for not less than five years and for any subsequent offence for not less than ten years. Whoever commits any offense described herein while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than five years. Any person who commits a subsequent offense while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than 15 years.
The model jury instructions requires the Commonwealth to prove the following in order for the Commonwealth to prove each element of the offense. The Commonwealth must prove each of the following elements beyond a reasonable doubt at trial:
The Commonwealth must prove four elements beyond a reasonable doubt:
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 victim or from the immediate control of the victim.
The first element the Commonwealth must prove beyond a reasonable doubt is that the defendant was armed with a dangerous weapon. This means that the Commonwealth must prove that the defendant had a dangerous weapon in his possession. The crime of armed robbery is based on the potential for injury. That potential for injury does not depend on the precise moment at which the defendant becomes armed, so long as he becomes armed at a point directly related to the commission and completion of the robbery. A dangerous weapon is any instrument that by the nature of its construction or the manner of its use can cause grievous bodily injury or death or could be perceived by a reasonable person as capable of such injury.
The law of armed robbery does not require the Commonwealth to show that the weapon was used. It is sufficient if the Commonwealth proves beyond a reasonable doubt that the defendant was armed with a dangerous weapon.
The second element the Commonwealth must prove beyond a reasonable doubt is that the defendant either applied actual force and violence to the body of the victim or by threatening words or gestures put him in fear. The actual force and violence, or assault and putting the victim in fear, must be the cause of the defendant obtaining possession of the property. When actual force is used, it must be applied to or exerted on the body of the victim. The degree of force used by the defendant does not matter so long as it is sufficient for the defendant to obtain the property against his will. the victim must be aware of the application of such force. However, an opportunity to resist or actual resistance is not necessary on the part of the victim. Where the Commonwealth proves that the defendant has exerted actual force and violence, no fear need be instilled in the victim.
The third element the Commonwealth must prove beyond a reasonable doubt is that the defendant took the money or other property with the intent to steal it. This means that the Commonwealth must prove that the defendant took and carried away property, against the victim’s will, with the intent to deprive him of his possessions permanently.
Intent refers to a person’s objective or purpose. Please recall my earlier instructions to you on specific intent and apply them in this instance. The intent to steal must coincide with the force or threats against the victim. Therefore, it is not robbery if a person sets out to commit an assault, and then as an afterthought commits a theft. He must have the intent to steal property of the person at the time of the assault. In the same way, if a person has committed a theft that is over and done with, and then afterwards displays force or threats, that is not a robbery unless the thief has a continuing intent to steal.
The fourth element the Commonwealth must prove beyond a reasonable doubt is that the defendant took the money or other property from the possession or control of the victim. the victim need not have actual physical possession of the property. It is sufficient if the property is within the victim ‘s control. Property is considered under the control of the victim when it is within his reach, inspection, observation, or control so that he can readily obtain possession of it, if not overcome by violence or fear. The property need not have been owned by the person from whom it was taken, so long as it was in the victim’s possession or control at the time it was taken. The value of the property does not matter, and the Commonwealth is not required to prove the property’s value as alleged in the indictment if the Commonwealth proves it has some value.
Therefore, if after considering all the evidence you find that the Commonwealth has proven beyond a reasonable doubt each of the four elements I have just defined, then you must find the defendants guilty of armed robbery. If, however, after your consideration of all the evidence you find that the Commonwealth has not proven any one of these four elements beyond a reasonable doubt, you must find the defendant not guilty of armed robbery.
If you have been charged with this offense and need a trial attorney with real trial experience and trial solutions, or if you have any questions related to this criminal offense, call Attorney Scambio today at 508-796-5737. Remember, before you decide whether to make any statements to law enforcement, discuss that decision with a competent attorney. Attorney Scambio is available six (6) days a week and will take your call to discuss assisting you in your criminal matter.