![if gte IE 9]><![endif]><![if gte IE 9]><![endif]><![if gte IE 9]><![endif]>
Thank You For Submiting Feedback!
Claim of right is not a defense to robbery.
Defendants, alleging right to recover their property, forcibly took the money from the victims. Defendants were convicted of robbery. On appeal, the defendants conceded the culpability of their forcible conduct, but maintained that because they acted under a claim of right to recover their own property, they were not guilty of robbery, but only some lesser crime, such as assault or unlawful possession of a weapon.
Did a good-faith claim of right negate the intent to commit robbery by a defendant who used force to recover cash allegedly owed him?
The reviewing court concluded that the claim of right defense was not available to defendants. The court found that since forcible conduct was not merely a transgression against property, but also entailed risk of injury to individuals, it should be subjected to criminal sanctions.