Only one of them had a toy gun
The law does not distinguish between a "toy gun" and an actual one when used during the commission of a felony robbery act. It is armed robbery no matter what.
In fact, the legal standard is very low for the perception of the robbery victim: all they need to do is "reasonably" believe that the weapon and threat are real.
Law needs to be taught beginning in daycare.
Is Robbery with a Fake Weapon Also Considered a Crime?
In most jurisdictions, there does not have to be an actual application of force in order for a theft to be considered robbery. It is usually sufficient if the victim believed that they would be harmed if they did not cooperate.
Thus, most courts would consider the use of a fake weapon to be armed robbery. However, it is essential that the victim reasonably believes that the weapon was real and not fake. Also, if a toy gun is used to strike a victim during a robbery, then it actually becomes a weapon for legal purposes.
What are the Penalties for Robbery with a Fake Weapon?
Armed robbery is usually considered to be a felony charge. As such, it can carry with it some fairly severe criminal consequences. For instance, the defendant will usually be required to spend some time in a prison facility, usually for at least one year. In some cases, armed robbery can result in sentences lasting 5-10 years, especially if the victim was actually harmed during the course of the robbery. Juvenile offenders can sometimes be tried as an adult for armed robbery charges.
In addition, the defendant may face other consequences, such as a criminal fine. They may also lose the right to own a firearm in the future. This depends on various factors such as the state’s laws, as well as the judge’s analysis of the danger involved during the robbery.
Criminal defenses may apply to robbery with a fake weapon, including intoxication, mistake, and coercion (i.e., the person was forced to commit the robbery).
Robbery with a Fake Weapon | LegalMatch Law Library