Answer:
Too many un-answered questions....was there a weapon? Was it discharged? Did the Perp. indicate that there MIGHT be a gun? Intent is EVERYTHING. Can't help without more details.-Walter
There was no weapon used and no gun was discharged. The owner of the store is saying that there was a gun involved but the only thing in my boyfriends hand was his cellphone. He could of mistaken it for a gun but how is that possible he's lying about the gun he couldn't even describe the gun to the judge after he said he had been in the military for 15 years. Now my boyfriend is being charged with a pc211- armed robbery when all he did was just a beer run and took 2- 24 packs of beer. Could they take his word for the gun? And plus they dont have enough evidence like no video or the gun supposebly that he used.
Hmmmm...
Did he point the phone "Like" a gun? Did he pretend to have a gun in a pocket? Did he say "I have a gun"? Did he even USE the word "Gun"? It's all about "Intent". If he indicated that he had a gun, he has a problem...does he OWN guns? Has he had a violent past? All that will come into play at Pre-trial.
Armed robbery does NOT require a "Gun"...just the "Intent" that the robber intends or has some sort of weapon at hand. You can get into an PC211 with a "Pen" if you intend to poke someones eyes out with it.
His word IS good enough I am afraid, and even more so if the robber has a Criminal History of ANY kind. Sorry I am not more help. Makes a good point though, how a simple "Beer Run" can turn into a major Felony pretty quick. -Walter
No he didnt say anything he just went into the store and asked how much was the beer then went to the beer section and took off. And No he owns no guns. As i said no weapons were present nor he had one. Im guessing the owner of the store just wants him in jail. In 07 he was charged for domestic violence and was on misdemeanor probation . Will that be a problem. We got a lawyer and hopefully he does a good job.