Burglary, Arson, Home Invasion Robbery Case Law

[madmojo79]

My jurisdiction is: Texas

I am a paralegal student in Colorado and I am doing a research assignment.
I have a robbery case where my suspect stole $1.00 worth of merchandise and then when store manager pursued him, gave the merchandise back. The manager continued to pursue him so he punched the manager to get away. He's being charged with robbery.
I am looking for a case in Texas similar to this one where the suspect was NOT charged with robbery since he, 1) did not use force to steal the merchandise, and/or 2) attempted to steal something that was only $1.00.

Thanks for your help!
Melody

 

[legofdragon]

robbery

hello,
student robert pratt studying law. heres what i know.

1. Suspect stole an item worth $1.00 which would have been known as a petty theft. but if some one stole an item thats worth a dollar its not worth charging that. the money involved in taking the suspect to court would just be a waist on every ones part over $1.00.

2. The suspect gave the item that was stolen back and took off so really the matter was done not worth going to court over a dollar item. what im not understanding is the manager went after him there was really no reason for him to do so, based on the evedence that you have givin me on the case.

3. The most the suspect sould be charged with would be a petty theft, and a battery charge assuming he made contact with the manager otherwise it would be an assult.

4. The suspect did not use force or fear had he at any time used force or fear in order to obtain the stlen good that he had taken then the crime of robbery would be complete.

5. Honestly if this case went to court it would be plea bargained because the state is not going to waist a bunch of money on the situation.

6. did the manager in any way attempt to hurt the suspect who was fleaing, because in that case if he provoked the suspect it could be concitered self defence on the suspects end. before you charge him with anything get all your facts straight because it could back fire on you.

let me know if this helped you,
thank you,
robert pratt

 

[mightymoose]

1. Suspect stole an item worth $1.00 which would have been known as a petty theft. but if some one stole an item thats worth a dollar its not worth charging that. the money involved in taking the suspect to court would just be a waist on every ones part over $1.00.

A couple years ago I arrested a guy on felony burglary charges after he stole a $1.47 King Cobra beer from a Qwiki Mart. He had quite a rap sheet... ended up back in prison over it.

Anyway- this is a 3 year old topic

 

[legofdragon]

Hello,
i found a california case law that might be of intrest to you.
people v. tipton 96 cal.app.2d 840
It was an appeal of a defandant on a case where he had taken $3.00, this case is much like
the robbery case where the guy stole $1.00 in merchandise.