Late one night Neal is awakened by a noise. He looks out his bedroom window and observes someone removing tools from the bed of his pickup truck. Neal retrieves his pistol and goes outside
He sneaks up on the would-be thief and says, "Move and you're a dead man." The individual, James, turns about and sees the pistol pointed at him. He immediately grabs for the pistol and a struggle ensues. James disarms Neal. For a moment he points the gun at Neal but then throws it as far away as possible and flees with Neal's toolbox under his arm. Neal decides to call 9-1-1 instead of giving chase. Neal tells the responding officer, "For a moment I thought I was going to be the dead man." The most serious offense James has committed is:
A) attempted robbery because Neal interrupted the incident.
B) robbery because he assaulted Neal while trying to steal from the pick-up truck.
C) aggravated robbery because he exhibited a deadly weapon during the commission of a robbery.
D) robbery, not aggravated robbery, because the pistol belonged to Neal, not James.
C
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