As reported by Tatiana Pina in the July 12, 2013 edition of the Providence Journal, a Providence man knocked another man out of his wheelchair and then stole the wheelchair. The man was been charged with first degree robbery.
Pursuant to Rhode Island General Laws 11-39-1, first degree robbery is defined as every person who shall commit: (1) robbery by use of a dangerous weapon; (2) robbery where a victim is injured; or (3) robbery where the victim is a person who is severely impaired or an elderly person; shall be guilty of first degree robbery.
The penalties if convicted include imprisonment for not less than ten (10) years and may be imprisoned for life, or fined not more than fifteen thousand dollars ($15,000), or both.
Second degree robbery is defined as every person who shall commit robbery or other larceny from the person by force or threat, where there is no weapon and no injury and the victim is neither a severely impaired person or an elderly person, shall be guilty of second degree robbery. The penalties if convicted include imprisonment for not less than five (5) years nor more than thirty (30) years, or fined not more than ten thousand dollars ($10,000), or both.
(c) For the purposes of this section:
(1) "Person who is severely impaired" has the same definition as provided in § 11-5-11 person with severe impairments" means a child or adult who has a disability which is attributable to a mental or physical impairment or combination of mental and physical impairments which results in a substantial limitation on the person's ability to function independently in the family or community and in one or more major life activities.; and
(2) "Elderly person" means a person sixty (60) years of age or older.
In this case, the victim was over sixty (60) years old and in a wheelchair. It does not appear that a weapon was used or that the victim was injured.
If you or a family member has been charged with robbery, burglary or other theft crimes, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.