The government can charge an individual with ROBBERY under a number of different theories, and the conesquences and penalties can vary tremendously. You need an experienced criminal lawyer who knows the difference in the law, the elements of the respective theories, and how to argue the facts of your case to obtain the best possible outcome for you or your loved one.
Robbery will be charged against a person when, while committing a “theft” (taking someone else’s belongings without their permission), that person:
- Inflicting serious bodily injury on the victim. An example of this is when someone is stabbed, shot, or badly beaten during a robbery/theft. Penalties for the robbery alone (which would graded as a 1st degree felony) carry a maximum 10-20 years in prison. Additionally, the defendant would be facing assault charges and, if a weapon was used, charges for weapons offenses as well. The ramifications for a conviction could literally be life-altering, with exposure to decades behind bars. Contact Tom if you or someone you know is facing such charges.
- threatens another with or intentionally puts the victim in fear of immediate serious bodily injury. The classic example of this the “gunpoint robbery.” The threat doesn’t even need to be spoken for the person to be charged with 1st degree felony robbery, and the gun doesn’t even need to be displayed. If a person walks up and says “Give me your wallet,” and displays a gun, or pretends to have a gun, then the government will argue that the defendant’s threat was implied by the circumstances – holding a gun or pretending to have one – and that a reasonable person (the standard in the law) would be in fear of being shot. The penalty for this crime alone carries a maximum of 10-20 years in prison, and if a weapon, such as a knife or gun, was used, then additional penalties and charges will be added as well, making the maximum penalties even higher.
- Commits or threatens immediately to commit another felony – such as shoot, stab, kill, maim, kidnap or rape a person – during the theft. An example of this would be telling someone that they are going to be shot if they don’t “give it up.” Even if the defendant doesn’t actually have a gun at the time, and therefore had no way of carrying out the actual threat, the threat in and of itself is enough to make this type of robbery a 1st degree felony, with a maximum 10-20 year prison sentence.
- Inflicting “bodily injury” on another during a theft, or threatening to do so. An example of this is when a person punches, or threatens to punch a person, while stealing something from them. A punch (normally) doesn’t rise to level of serious bodily injury, and so the government will then argue that the person was still attempting to cause bodily injury with the punch. This crime is a 2nd degree felony, and is punishable by 5-10 years in prison. Only an experienced criminal lawyer, like Tom, can help you when facing such charges.
- Taking someone’s belongings by force “however slight.” An example of this is when a person grabs something out of another person’s hands as they walk by, or take it from them after a shove or push. This is a 3rd degree felony, and the maximum penalty for this type of robbery is 3.5-7 years in prison.