If you fake having a gun and rob somebody at "gunpoint" but you really dont have a weapon can you be charged with armed robbery? Curious lol?
Sounds stupid but I am asking because you can get charged with murder even if you didnt kill the person so if you pretend you have a gun under your shirt can you be charged with armed robbey?
- BertstaLv 78 months agoFavorite Answer
If the person being robbed reasonably believes you are (or may be) armed, then you can be charged with armed robbery
- Nuff SedLv 78 months ago
Not only charged with armed robbery (because the victim had a reasonable belief you were armed), it also gives them the legal right to use lethal force to stop you, i.e., shoot you dead on the spot. It simply doesn't matter whether you actually had a gun or the gun was loaded or real. They BELIEVED it was real and you're just as dead. Some incredibly stupid criminals have chosen to die that way.
Also, not clear why what you mean by "charged with murder" if you didn't do the killing. Yes, there is such a thing as "inchoate" crime (aiding and abetting or conspiracy to commit murder), as well as "felony murder" occurring while you're engaged in any other felony that results in death.
- STEPHENLv 78 months ago
Yes. Pretending to have a weapon causes as much fear as actually having a weapon and carries the same charges.
- Uncle PennybagsLv 78 months ago
Yes you can.
Many many years ago, I was the victim of an attempted robbery. The thug put his hand behind his back, said he had a .38 and said, and this is a God's honest quote, "Give me your wallets or I'll fill you full of lead like a pencil."
Silly criminal, we actually had a gun and pulled it on him, then called police and held him at gunpoint until police arrived. He had no gun. But he was charged and plead guilty to 1 count of "attempted armed robbery" and was let off on the 2nd charge for the other person.
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- RICKLv 78 months ago
Yes because due to your words/actions the victim thought you had a weapon
- Max HooplaLv 78 months ago
Yes because you wanted the victim to believe you were armed.
- Anonymous8 months ago
The keywords in armed robbery are ROBBERY. Armed or not, you are still ROBBING the person.
- BruceLv 78 months ago
In my state, that is still armed robbery if a reasonable person would believe you are armed. Simply saying you have a gun or giving them a note saying you have a gun is enough.
- W.T. DoorLv 78 months ago
In my state (Louisiana) doing that is First Degree Robbery and the prison sentence is from 3 to 40 years at hard labor without benefit of parole, probation or suspension of imposition or execution of sentence.