Theft by assault is considered the most serious form of theft. No actual injuries need to have occurred for this crime to be proven. Examples of theft with assault are street robbery and home robbery. Theft with violence is in principle punishable by imprisonment for up to nine years or a fifth-category fine (€103,000). Under special circumstances, the prison term may increase to a maximum of 15 years.
What does the article of law say regarding theft by force?
The law article criminalizing theft with violence, Article 312 of the Penal Code, reads as follows:
- 'Theft, preceded, accompanied or followed by violence or threats of violence against persons, committed with the intent to prepare or facilitate such theft, or, in the event of being caught in the act of committing it, to make it possible for oneself or other participants in the crime either to escape or to secure possession of the stolen property, shall be punishable by imprisonment of not more than nine years or a fine of the fifth category.
- Imprisonment not exceeding 12 years or a fine of the fifth category shall be imposed:
- If the offense is committed either during the time designated for night rest in a dwelling or in an enclosed yard on which a dwelling stands; or on the public highway; or in a railroad train in motion;
- If the offense is committed by two or more united persons;
- If the guilty party gained access to the scene of the crime by breaking and entering, false keys, false order or false suit;
- If the fact results in serious bodily injury;
- If the act is committed with the intent to prepare or facilitate a terrorist crime.
- Imprisonment for not more than 15 years or a fine of the fifth category shall be imposed if the offence results in death.
What penalties can be imposed for theft by assault?
Ultimately, it is up to the judge to judge whether a criminal offense has been committed. If this is found to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. A defendant's personal circumstances are also important. The attorneys at Kötter, L'Homme & Plasman Lawyers will ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for theft with assault is six years. If there are special circumstances as mentioned in the article of law, the maximum prison sentence is fifteen years. However, the maximum prison sentence is by no means always imposed.
An attorney from Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a suspected robbery with assault. For example, one of our lawyers can point out to the judge that there is not enough evidence. In that case acquittal should follow. Sometimes it happens that a suspect has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten may present circumstances why a low(er) sentence should follow.
Is attempted theft by force a criminal offense?
Attempted theft with violence can also be punishable. It follows from Article 45 Criminal Code that an attempt to commit a crime is punishable, but there must have been a beginning of execution of the crime. The answer to whether there was a beginning of execution depends on the facts and circumstances of the case. Case law shows that what is important here is how close a defendant's conduct is to the completion of an intended crime.
In addition, a person must have actually intended to commit a theft by force. In criminal law, this is also called (conditional) intent. (Conditional) intent exists if a defendant has knowingly accepted the substantial probability that the consequence mentioned in the penalty provision will occur.
Attempted theft by force carries a lower maximum prison sentence than completed theft by force. This is because the maximum prison sentence for an attempt is reduced by 1/3 of the maximum prison sentence for the completed offense.
Exoneration for (attempted) theft with violence?
Cases involving theft or attempted theft with violence are regularly brought before the courts. In doing so, suspects are also regularly acquitted of this crime. An example is shown below.
The judge acquitted the suspect because "it was not legally and convincingly proven that the suspect knew of the plans of the co-defendants, whom she drove in her car to and from the residence where the robbery took place.
Need a lawyer for (attempted) robbery with assault?
The lawyers of Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists and can assist you at the moment you are suspected of (attempted) theft with assault. Our lawyers will discuss with you the criminal case file and together with you determine a strategy that can achieve the success you desire. However, it is good for you to know that our lawyers do not bake sweet cakes; we give sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
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