§61-2-12. Robbery or attempted robbery; penalties.
(a) Any person who commits or attempts to commit robbery by: (1) Committing violence to the person, including, but not limited to, partial strangulation or suffocation or by striking or beating; or (2) uses the threat of deadly force by the presenting of a firearm or other deadly weapon, is guilty of robbery in the first degree and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than ten years.
(b) Any person who commits or attempts to commit robbery by placing the victim in fear of bodily injury by means other than those set forth in subsection (a) of this section or any person who commits or attempts to commit robbery by the use of any means designed to temporarily disable the victim, including, but not limited to, the use of a disabling chemical substance or an electronic shock device, is guilty of robbery in the second degree and, upon conviction thereof, shall be confined in a correctional facility for not less than five years nor more than eighteen years.
(c) If any person: (1) By force and violence, or by putting in fear, feloniously takes, or feloniously attempts to take, from the person or presence of another any property or money or any other thing of value belonging to, or in the care, custody, control, management or possession of, any bank, he shall be guilty of a felony and, upon conviction, shall be confined in the penitentiary not less than ten nor more than twenty years; and (2) if any person in committing, or in attempting to commit, any offense defined in the preceding clause (1) of this subsection, assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, disabling chemical substance or an electronic shock device, he shall be guilty of a felony and, upon conviction, shall be confined in the penitentiary not less than ten years nor more than twenty-five years.
Notes of Decisions
United States v. Blain Salmons, Jr., 873 F.3d 446 (4th Cir. 2017).
· cites it 7× “WILKINSON, Circuit Judge: Is the West Virginia crime of aggravated robbery, W. Va. Code § 61-2-12 (1961), a predicate crime of violence under the force clause of U.”
State v. Cunningham, 236 S.E.2d 459 (W. Va. 1977).
· cites it 23× “Code, 62-9-6, is based on the provisions of the first sentence in W.Va. Code, 61-2-12, and effectively charges the accused with the offense of robbery, the penalty for which is confinement in the state penitentiary for not less than ten years.”
Flack v. Ballard, 803 S.E.2d 536 (W. Va. 2017).
· cites it 7× “*586 W.Va. Code, 61-2-12, enacted in 1931, divides robbery into two separate classes and calls for different penalties: (1) rob.”
State v. Hatley, 679 S.E.2d 579 (W. Va. 2009).
· cites it 18× “[1] Appellant Billie Dawn Hatley appeals her conviction for first degree robbery under W. Va.Code § 61-2-12 (2000), and her sentence *581 of a ten-year determinate term of incarceration.”
State v. Dennis, 607 S.E.2d 437 (W. Va. 2004).
· cites it 5× “W.Va.Code § 61-2-12, supra n. 23. 34 . See W.”
State v. England, 376 S.E.2d 548 (W. Va. 1988).
· cites it 5× “W.Va. Code, 61-2-12, prohibits, inter alia, “robbery by partial strangulation or suffocation, or by striking or beating, or by other violence to the person, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever[.”
State v. Penwell, 483 S.E.2d 240 (W. Va. 1997).
· cites it 12× “Subsequent to these events, the defendant was indicted during the September, 1994 term of the Jefferson County Grand Jury in a five-count indictment, which charged him with aggravated robbery in violation of W.Va.Code § 61-2-12 (Count I), 1 assault during the commission of a…”
State v. Adams, 565 S.E.2d 353 (W. Va. 2002).
· cites it 4× “[7] Under W. Va.Code § 61-2-12(1961) aggravated robbery is set out as follows: If any person commit, or attempt to commit, robbery by partial strangulation or suffocation, or by striking or beating, or by other violence to the person, or by the threat or presenting of firearms,…”
State v. Williams, 519 S.E.2d 835 (W. Va. 1999).
· cites it 12× “The statute provides that "[i]f any person commit, or attempt to commit, robbery .”
State v. Phillips, 485 S.E.2d 676 (W. Va. 1997).
· cites it 10× “AGGRAVATED ROBBERY Phillips was indicted and later convicted of two counts of aggravated robbery “by the threat or presenting of a firearm,” pursuant to W. Va.Code § 61-2-12 (1961) (1992 Repl.Vol.”
State v. Collins, 329 S.E.2d 839 (W. Va. 1985).
· cites it 8× “2d 902, 907 (1982), we stated that the “primary purpose [of W.Va.Code, 61-2-12, our robbery statute,] was to set the degrees of robbery” and quoted from Syllabus Point 3 of State v.”
W. Va. Code § 61-2-12(1961): 1 case
State v. Adams, 565 S.E.2d 353 (W. Va. 2002).
“[7] Under W. Va.Code § 61-2-12(1961) aggravated robbery is set out as follows: If any person commit, or attempt to commit, robbery by partial strangulation or suffocation, or by striking or beating, or by other violence to the person, or by the threat or presenting of firearms,…”
W. Va. Code § 61-2-12(a): 43 cases
State v. Dennis, 607 S.E.2d 437 (W. Va. 2004).
“W.Va.Code § 61-2-12, supra n. 23. 34 . See W.”
State v. Hatley, 679 S.E.2d 579 (W. Va. 2009).
“[1] Appellant Billie Dawn Hatley appeals her conviction for first degree robbery under W. Va.Code § 61-2-12 (2000), and her sentence *581 of a ten-year determinate term of incarceration.”
W. Va. Code § 61-2-12(a)(1): 15 cases
W. Va. Code § 61-2-12(a)(2): 5 cases
W. Va. Code § 61-2-12(b): 8 cases
State v. Hatley, 679 S.E.2d 579 (W. Va. 2009).
“[1] Appellant Billie Dawn Hatley appeals her conviction for first degree robbery under W. Va.Code § 61-2-12 (2000), and her sentence *581 of a ten-year determinate term of incarceration.”
W. Va. Code § 61-2-12(c): 3 cases
W. Va. Code § 61-2-12(c)(1): 2 cases
W. Va. Code § 61-2-12(c)(2): 1 case
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