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re: Carjackings in New Orleans are the worst in a decade.

Posted on 6/23/21 at 9:23 am to
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27472 posts
Posted on 6/23/21 at 9:23 am to
quote:

I just looked him up on the OPP inmate search and he was charged with ATT FIRST DEGREE ROBBERY.

Is that the same as attempted carjacking? Or it was because he didnt actually have a gun, he just pretended like he did


Carjacking doesn't require a weapon, simply the use of force or intimidation. First degree robbery is more general in what is being taken, but requires pretending to have a weapon. Counterintuitively, it's actually a more serious offense than carjacking, which might be why the cop hit him with it.

quote:

§64.1. First degree robbery

A. First degree robbery is the taking of anything of value belonging to another from the person of another, or that is in the immediate control of another, by use of force or intimidation, when the offender leads the victim to reasonably believe he is armed with a dangerous weapon.

B. Whoever commits the crime of first degree robbery shall be imprisoned at hard labor for not less than three years and for not more than forty years, without benefit of parole, probation or suspension of imposition or execution of sentence.

Added by Acts 1983, No. 533, §1.


LINK

ETA: Attempt is simply a modifier that can be used for nearly all charges. As a general rule, the sentence for an attempt is half of the sentence for the full charge. So an Attempt 1st Deg Robbery, the max would be 20 instead of 40, etc.
This post was edited on 6/23/21 at 9:26 am
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