Criminal Defense Lawyers

Is Robbery A Felony

Is Robbery a Felony?

Robbery is considered a felony in every state. According to criminal defense lawyer James Smith, “Robbery charges are always felonies, even if it is the person’s first offense.” This means robbery convictions can result in over a year in prison, fines, probation, and a permanent criminal record.

What is Robbery?

Robbery refers to stealing property by force or threat of force. As explained by John Wilson, a criminal lawyer with 25 years experience, “Robbery includes using violence, intimidation, weapons, or coercion to take property from another person.

“This separates robbery from petty theft. Petty theft involves stealing property without force against the victim. Robbery requires actual or threatened physical harm.

Elements of Robbery

There are typically four main elements required for a robbery conviction:

• The taking of personal property
• From another person or in the immediate presence of another person
• By force or threat of force
• With the intent to permanently deprive the victim of their property

As defense attorney Amanda Clark clarifies, “All four elements must be proven beyond a reasonable doubt for a robbery conviction.” If any element cannot be proven, then the charges should result in acquittal.

Types of Robbery

There are many forms robbery charges can take, depending on the circumstances and tools used in the crime.

Armed Robbery

Armed robbery refers to committing a robbery while in possession of a dangerous or deadly weapon. Weapons may include guns, knives, clubs, explosives, and more. Armed robberies often result in first degree felony charges.

Aggravated Robbery

Aggravated robberies cause severe bodily harm to the victim, such as broken bones, stab wounds, or traumatic brain injuries. These robberies may include using weapons like firearms and vehicles.

Carjacking

Carjacking refers to stealing a vehicle by force or threat. This often occurs by ordering the driver out of the car at gunpoint or knife point.

Robbery Sentencing Guidelines

The penalties for a robbery conviction depend on the exact charges and criminal history of the defendant. In general, first time offenders can expect the following sentencing ranges:

• Armed robbery – Minimum of 10 years in prison up to life in prison. Fines up to $15,000.
• Aggravated robbery – 5 to 20 years in prison. Fines up to $10,000.
• Robbery – Up to 15 years in prison. Fines up to $5,000.

Repeat offenders and those convicted of multiple counts of robbery often face consecutive sentences for each charge. Fines also increase dramatically for subsequent convictions.

Is Robbery a Felony or Misdemeanor?

Robbery charges always result in felony convictions, even for first time offenses with no injuries to victims. Defense lawyer Mark Clark confirms “There is no such thing as misdemeanor robbery – these cases are exclusively felonies.

“Felonies are the most serious category of crimes. Jail sentences exceed 1 year per charge. Fines exceed $1,000 per charge. Probation lasts multiple years. Convictions remain permanently on criminal records.

Common Defenses Against Robbery Charges

The most effective legal defenses against robbery charges include:

• Misidentification – Mistaken identity by victims or witnesses.
• Duress – Forced to commit the crime under threat to your life.
• Intoxication – Too impaired to form criminal intent.
• False accusations – Allegations made out of anger, jealousy, or greed.

According to criminal defense lawyers, robbery cases often rely heavily on witness testimony. Therefore, discrediting witnesses can create enough reasonable doubt for acquittals.

What Should You Do if Charged With Robbery?

The period immediately after robbery arrests is critical for building a defense. Criminal defense attorney Michael Clark strongly advises:

“If charged with robbery, immediately retain legal counsel to protect your rights. Exercise your right to remain silent until speaking to an attorney, and avoid making any statements to police.”

Additionally, be proactive in your defense:

• Gather evidence – Video footage, receipts, mobile phone data, surveillance tapes, etc.
• Take photographs – Of any injuries from the incident.
• Build an alibi – With testimony from credible witnesses.
• Research the prosecutors – And their tendency to negotiate plea deals.

Having an aggressive robbery defense lawyer on your side can make all the difference in these cases. Public defenders often juggle heavy caseloads, so retaining skilled private counsel is extremely beneficial.

Finding the Best Robbery Defense Attorney

When researching defense lawyers, the most important qualifications to seek out include:

• Decades of criminal trial experience – Robbery cases often go to jury trials rather than ending in plea bargains. So your legal counsel must have extensive litigation experience.
• Specialization in violent crime defense – You want an attorney well-versed in defending assault, battery, homicide, sex crimes, domestic violence, and weapons charges. These all use similar legal strategies.
• History of positive case results – No ethical attorney can ever guarantee a trial outcome. But you want someone with a proven track record of beating serious felony charges.
• Reputation for aggressive defense – The prosecution lacks incentive to dismiss weak cases. You need a lawyer willing to fight relentlessly via motions, investigations, appeals, and trials.
• Focus on client relationships – The attorney-client relationship is vital, so make sure you choose someone who is responsive, understanding, and dedicated specifically to your case.

Conclusion

Robbery charges should never be taken lightly, given the severe criminal penalties and consequences involved. Retaining an experienced criminal defense attorney immediately after an arrest provides the best chance at beating these allegations. With an aggressive legal defense focused on creating reasonable doubt, many robbery cases can still result in reduced charges, acquittals, or dismissed charges.

Resources

Additional Reading

Article 1 on robbery defense strategies

Article 2 on finding the best lawyer for your case

Overview of common legal defenses against violent crimes