No Soda for You!

[GlockSpock]

https://thetakeout.com/man-fills-water-cup-with-soda-and-things-go-unnecessari-1828305245

My only question, how is it that they are charging him with a felony robbery charge? Is it because he allegedly assaulted the employee (kicking him) and/or because he resisted arrest/etc?

I'm not saying the guy is innocent in any means (or smart), but isn't felony robbery a bit steep?

 

[Omega]

Probably due to the attempted assault that made it a felony. 

[bersaguy]

Probably lived on the street and now has 3 hot's and a cot so if he was on the street I think you could say he's moving up.

[Pain103]

 It would depend on their state law. They won’t convict for it but maybe met the statute definition for a charge. 

[tnhawk]

10 hours ago, bersaguy said:

Probably lived on the street and now has 3 hot's and a cot so if he was on the street I think you could say he's moving up.

Won't be long until it gets cold on Montana.

[E4 No More]

It's either reported incorrectly or will be downgraded by the prosecutor. 

[DaveTN]

On 8/14/2018 at 8:46 AM, CZ9MM said:

My only question, how is it that they are charging him with a felony robbery charge? Is it because he allegedly assaulted the employee (kicking him) and/or because he resisted arrest/etc?

 45-5-401. Robbery. (1) A person commits the offense of robbery if in the course of committing a theft, the person: 
     (a) inflicts bodily injury upon another; 
     (b) threatens to inflict bodily injury upon any person or purposely or knowingly puts any person in fear of immediate bodily injury; or 
     (c) commits or threatens immediately to commit any felony other than theft. 
     (2) A person convicted of the offense of robbery shall be imprisoned in the state prison for a term of not less than 2 years or more than 40 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222. 
     (3) "In the course of committing a theft", as used in this section, includes acts that occur in an attempt to commit or in the commission of theft or in flight after the attempt or commission.

     History: En. 94-5-401 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 9, Ch. 584, L. 1977; R.C.M. 1947, 94-5-401; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 7, Ch. 482, L. 1995.

Edited August 15, 2018 by DaveTN

[DaveTN]

On 8/14/2018 at 8:46 AM, CZ9MM said:

I'm not saying the guy is innocent in any means (or smart), but isn't felony robbery a bit steep?

It’s not the intent of the law, but the Prosecutor offers theft (including other criminal misdemeanors, Criminal Trespass, Disorderly Conduct, Obstructing A Peace Officer, and Resisting Arrest) instead of Robbery on a plea bargain. Case close.