What is the difference between assault and robbery?

California, United States of America


The following excerpt is from People v. O.M. (In re O.M.), F079751 (Cal. App. 2020):

In People v. Perry (2007) 154 Cal.App.4th 1521 (Perry), the court explained the ability to impose punishment for both assault and robbery, arises out of "the difference between the intent necessarily reflected in convictions of robbery and assault." (Id., at p. 1526.) "Assault reflects an intent to perform an act that, by its nature, will probably and directly result in the application of physical force to another person. [Citation.] Robbery, while involving the use of force or fear, reflects an intent to deprive the victim of property. Accordingly, a conviction of assault committed during an escape with property ... reflects, in essence, an intent to apply, attempt to apply, or threaten to apply force to a person, rather [than] an intent to steal property." (Ibid.)

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