Legal Question in Criminal Law in Iowa
Aggravated Robbery
Our law class has a question about the definition of aggravated robbery. If a bank robber acts as if he has a gun or other weapon, or states that he has a weapon, would that classify the robbery as an aggravated robbery or must the weapon be present or used?
1 Answer from Attorneys
Re: Aggravated Robbery
Iowa does not have an aggravated robbery statute by that name.
Under Iowa law robbery is committed when a person with the intent to commit theft assaults a person or threatens immediate serious injury or threatens to commit an immediate forcible felony.
Robbery in the 1st degree exists when the robber inflicts or attempts to inflict a serious injury or is armed with a dangerous weapon. All other robbery is second degree.
So, to answer your question the mere fact that the robber is armed with a dangerous weapon, i.e., a knife or firearm, makes the offense 1st degree robbery which is a B felony under Iowa law and it matters not whether the weapon is displayed. However, the presence of a weapon is required and a threat to use a nonexistent weapon would probably not be enough to constitute 1st degree robbery.
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