Robbery

Robbery is different from common law theft because it involves taking property directly from another. Robbery is a more serious crime than theft or shoplifting because it involves the threat of violence against the victim.

Some police calls for robbery just involve a disagreement or misunderstanding. Disagreeing over who owns something could result in a fight, with one person facing felony criminal charges. If you are accused of robbery, talk to a robbery criminal defense lawyer for help.

What Is Robbery?

Robbery generally involves taking property from another by use of force or fear. For example, grabbing someone’s purse and running off with it could be robbery. Forceful taking of the personal property does not have to involve any bodily injury. Grabbing something and running away may be enough to be forceful.

Another way robbery differs from other theft crimes is that it generally happens in the owner’s presence. So, taking the purse off a restaurant table when the owner is having lunch may also be robbery.

Breaking into an empty car and taking a bag may be larceny, but it would not generally be robbery. Using a con to lie to someone to get them to hand over money or property would also not generally be robbery because there is no force or threat.

What Are the Elements of Robbery?

The prosecutor in a criminal case must prove every element of the charge to get a conviction. The elements of a robbery charge depend on state criminal laws. For example, the elements could include:

• You took property that was not your own
• Someone else possessed the property you took
• You took the property from the other person or in their immediate presence
• You took the property against the person’s will
• You used physical force or fear to take the property or to prevent them from resisting
• By means of force or fear, you intended to permanently deprive the owner of their property

When defending against criminal convictions, lawyers may focus on one or more elements of the prosecutor’s claims. If the state cannot prove all elements of the offense, you are not guilty.

Armed Robbery

Armed robbery or mugging is a form of aggravated robbery involving a gun or dangerous weapon. This could include shooting, flashing a gun, or hitting someone with a pistol. Examples include bank robbery or jumping someone at an ATM. Gun crimes generally carry more significant penalties, even if you never actually used the gun. The use of a firearm to commit a felony could result in enhanced punishment, including a longer minimum prison sentence.

Carjacking

Carjacking may be a type of robbery or a separate criminal offense under your state’s penal code. Carjacking involves taking someone else’s vehicle by using force or the threat of force. The penalties for carjacking may be more serious than standard robbery charges.

What Are the Criminal Penalties for Robbery?

The criminal penalties for robbery depend on the individual situation. Factors that may impact the criminal penalties for a robbery conviction include:

• The amount of force used
• The victim’s injuries
• Whether you used a deadly weapon
• The type of property taken
• Your violent crime history

Robbery is typically a felony charge. The penalties for a felony conviction may include five years or more in prison. After your release from prison, you may still have to spend years on parole. Parole restrictions include random drug testing, reporting to the parole officer, and travel restrictions.

A felony conviction has long-term consequences. This can include difficulty getting a job, government benefits, housing, voting, and gun ownership.

Criminal Defense Attorney Strategies for Robbery Charges

The effects of a robbery conviction can be severe. An experienced criminal defense attorney can build a strong defense against robbery offenses.

Criminal defense attorneys have a variety of legal strategies to help their clients. The attorney-client relationship should be based on trust. After a consultation with your defense lawyers, you should have a better idea of the defenses available in your case. Some common legal defenses include:

• Mistaken identity
• You thought the property belonged to someone else
• The owner permitted you to take the property
• You only meant to borrow the item
• You used no force or threat of bodily harm
• Law enforcement conducted an illegal search and seizure to recover the alleged stolen property

Your attorney may use the police violating your rights or compelling evidence to have a judge dismiss or reduce the charges. It could also lead to a plea bargain on a much lesser offense. It may also be possible to achieve a not-guilty verdict at a trial. A robbery law defense attorney can help you think through your options.