Assignment:
Robbery is defined as the taking of the personal property of another by force or threat of force. Robbery needs the same attendant circumstances as other property crimes such as larceny and extortion. The suspect must have stolen the property of another and must have obtained the property against the victim's will and without their consent. Also, according to the Model Penal Code, the property must be taken from the victim's person or presence. The Model Penal Code requires force or threat "in the course of committing a theft" and defines this as occurring in "an attempt to commit theft or in flight after the attempt or commission" (Model Penal Code § 222.1(1)). The suspect must have the specific intent to commit the criminal act of depriving the victim of their personal property. The Model Penal Code grades robbery as a felony of the second degree. This can be aggravated based on the use of weapons and the extent of bodily injury (Cal. Penal Code § 1192.7, 2011).
Therefore, with these facts in mind. I believe that the suspect would be charged with robbery because he intended to deprive the people of their money. He eventually did not leave with any money. However, I would still go with the robbery charge because he stole the chicken wings, and the people at home may have felt forced to give him more food. Even though he holstered his weapon, the people were still in fear that he may hurt them. I do no believe he could argue that he abandoned his criminal act because he ate the chicken wings before apologizing and putting the gun in his belt. Even though he intended to get money, the criminal act of going to the home, threatening force, and taking anything belonging to another person is enough for a robbery charge.
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