KRS 515.010 Definition
The following definition applies in this chapter, unless the context otherwise requires:
"Physical force" means force used upon or directed toward the body of another person.
KRS 515.020 Robbery in the first degree
(1) A person is guilty of robbery in the first degree when, in the course of committing theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft and when he:
(a) Causes physical injury to any person who is not a participant in the crime; or
(b) Is armed with a deadly weapon; or
(c) Uses or threatens the immediate use of a dangerous instrument upon any person who is not a participant in the crime.
(2) Robbery in the first degree is a Class B felony.
KRS 515.030 Robbery in the second degree
(1) A person is guilty of robbery in the second degree when, in the course of committing theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft.
(2) Robbery in the second degree is a Class C felony.
NOTES:
The three statutes, written just above, is all the law provides in regards to the offense. It is a very simple charge and very easy to win or lose. Robbery is a straight forward claim and it is against one or more people Even if it is a made up scenario and his friends are in on it they can still commit robbery.
EXAMPLE: So, if a friend walks into Sonic and his buddy is working behind the counter and he says get your hands up and drop to the floor after he gets the money out, and he does that, then that person is not a victim of robbery. However, when he tells his friend to "get his hands up and get on the floor," and 2 other employees who are there don't know about it and they put their hands up and drop, that is two robberies. That example was true, btw.
So, some things to bring up in defense of a Robbery 1st is "fake gun," bb gun, no gun, don't have gun!
Or, it wasn't him. Photo packs are not what they are cracked up be to in regards to an identification, at least as far as a jury is concerned, I guess.
YouTube Channel: KY Real Criminal Trials Brendan McLeod --Has two Robbery in the First Degree Trials. An attempted carjacking where shots are fired into two ladies car. The second was a beer bottle smashed against someone's head when they were asked for their phone, or wallet or both. They were both found "Not Guilty" at trial. I tried the cases.