Legal Question in Criminal Law in Pennsylvania

Re: Dropping Robbery Charge

Even if it failed it may still have been a robbery.

� 3701. Robbery

(a) OFFENSE DEFINED. --

(1) A person is guilty of robbery if, in the course of committing a

theft, he:

(i) inflicts serious bodily injury upon another;

(ii) threatens another with or intentionally puts him in fear of

immediate serious bodily injury;

(iii) commits or threatens immediately to commit any felony of the

first or second degree;

(iv) inflicts bodily injury upon another or threatens another with or

intentionally puts him in fear of immediate bodily injury; or

(v) physically takes or removes property from the person of another

by force however slight.

(2) An act shall be deemed "in the course of committing a theft" if it

occurs in an attempt to commit theft or in flight after the attempt or

commission.

(b) GRADING. --Robbery under subsection (a)(1)(iv) is a felony of the second degree; robbery under subsection (a)(1)(v) is a felony of the third degree; otherwise, it is a felony of the first degree.