A 27-year old man from Linthicum has been charged with first degree assault, robbery, and theft after stealing tip jar money from a Glen Burnie restaurant, and the problems for the defendant go way beyond this recent arrest. Ann Arundel police responded to the restaurant around 8 p.m., and after obtaining a physical description of the suspect they began to canvass the area. It didn’t take long before he was located on Ritchie Highway, not far from the scene of the alleged crime. Officers detained the man and took him back to the restaurant where employees made a positive identification. While taking cash from a tip jar is more akin to shoplifting than robbery, the charges do appear to be legally justified not because of the man’s actions, but rather because of his words.
Chances are high that one or more of the charges will be dropped when the case goes to court, though the alleged facts did rise to the level of a robbery and perhaps a first degree assault. As the defendant took the cash he told an employee that if the police were called he would take out his gun and use it. Had he remained silent while looting the jar, the only justifiable charge would have been theft. And based on the fact that there was less than $100 taken it would have been a petty theft with a 90-day maximum jail sentence. But a robbery, generally defined as a theft with force, occurred the second he mentioned the gun. Under Maryland law a verbal threat to cause harm is legally the same as actually causing physical harm with respect to robbery. While a robber who physically hurt someone during his or her crime would in theory face a harsher sentence from the judge, physical harm is irrelevant at the trial stage. It is also irrelevant whether the defendant actually possessed a gun and could carry out the threat, as the issue is whether the victim reasonably felt in danger. The suspect probably never had a gun based on the fact that he was not not arrested with any type of firearm and was not charged with armed robbery.
This robbery arrest is hardly the extent of the defendant’s legal issues because it turns out that he was recently released from jail after serving nearly six months for a sexual offense. Upon his release from the Anne Arundel County detention center the defendant was placed on supervised probation, and faces a lengthy prison sentence should he be found to have violated his probation. The arrest is enough to initiate the violation of probation process, but he can’t be punished unless the state proves that he committed the offense at trial or after a plea. While the state will likely be asking for major prison time if a violation is proven, a reasonable judge should factor in that the defendant never had a gun, and was probably penniless and perhaps even homeless after just getting out of jail. On the other hand, theft while mentioning the use of a firearm is not something that even the most lenient judge will take lightly.
Benjamin Herbst is a robbery and theft attorney who handles cases in all Maryland state and federal courts. Benjamin is also has extensive experience as a violation of probation lawyer, and is available 24/7 for a free consultation.