pk10正规平台”湖南廣播影視集團有限公司黨委書記、董事長、總編輯張華立說 一、推動各方團結合作抗擊疫情 王毅說，當前，新冠病毒仍在全球肆虐，感染人數已超過5700萬人，各國人民生命安全和身體健康遭受巨大威脅
- The property in question was taken by a person to whom it did not belong: they gained possession of the property or they moved said property some distance, even if a very small distance
- The property was in the possession of another person: “possession” is not limited to physically holding an object; having control or the right to control the property in question constitutes possession in the state of California. The individual from whom the property was stolen does not need to be the same person as the actual owner. For example, a store clerk or other employee of a business is said to have possession of the store’s property.
- The property was taken from the possessors’ immediate presence: the property must be in the immediate presence of the owner/possessor to be considered a robbery in California. “Immediate presence” includes when the property is within the owner/possessor’s physical control, so he or she would have been able to keep possession of the property if the robbery did not occur.
- The property was taken against the owner or possessors’ will: this is satisfied if the owner did not consent to the taking of the property. Consent is only valid when given freely by someone who understands what he or she is doing. There is no consent if permission was not asked. Therefore if you threaten a person and they drop their wallet while fleeing, taking this wallet would be considered robbery. Since you did not ask whether or not it was okay to take it, there is no consent.
- Force or fear was used to take the property or to prevent the owner from resisting the taking of his or her property: force, under robbery law, means physical force. Fear means fear of injury to any of the following: the victim; a family member of the victim; the victim’s property; someone else present during the incident. Force or fear includes drugging an individual and taking his or her property. Physical force must be significant – the slight touch of a pickpocket does not constitute force.
- The property was intended to be removed from the owner’s possession either permanently or for a long enough time that the owner was deprived of a major portion of its value or enjoyment.
- First degree robberies include the following circumstances: the robbing of any driver or passenger on a bus, taxi, streetcar, subway, cable car, or any other public transportation; robberies that take place in an inhabited structure; robbery of an individual who has just used and is still in the vicinity of an ATM
- Second degree robberies include all robberies that do not meet requirements for robbery in the first degree.
- Use of a firearm – may result in 10 additional years in state prison
- Discharging a firearm – may result in 20 additional years in state prison
- Discharging a firearm resulting in great bodily injury or death – may result in 25 additional years in state prison or a life sentence
- You did not use force or fear to take property.
- You believed you had consent or the right to take the property.
- You are a victim of mistaken identity.
- You were falsely accused.
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