Perhaps yes, but then it would only mean more time, not less. Toy guns create the same apprehension of fear as real guns and therefore are generally treated the same for purposes of robbery charges. Whether real harm could have been caused is less significant or insignificant depending on the specific jurisdiction.
Another part of the reason it is treated as a serious felony is that other people including law enforcement may react as though they are real weapons, bringing their own weapons to bear and therefore endangering everyone present.
You do not even have to have a gun. If you say you have a gun or act like you have a gun, you are guilty of robbery 1.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.
The end result was the same, the robber got the money.
Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
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