Robbery is one of the most serious theft-related offenses, combining theft with force or threat of force against another person. Unlike simple theft, robbery is always a felony and often classified as a violent crime, carrying severe prison sentences even for first-time offenders.
Elements of Robbery
Robbery requires proving four elements: taking property from another person, the property belonged to someone else, the taking was against the victim's will, and force or fear was used to accomplish the taking. The use of force or intimidation is what distinguishes robbery from theft.
Force can range from grabbing items from someone's hand to physical violence. Any amount of force used to overcome resistance constitutes robbery. Fear or intimidation means threatening harm to the victim, their family, or their property to compel them to give up possessions.
The property must be taken from the victim's person or immediate presence—their pocket, hand, home while they're present, or anywhere they could have prevented the taking but for the threat. Taking property from an unoccupied car or empty house is theft or burglary, not robbery.
Degrees of Robbery
First-degree robbery (often called armed robbery or aggravated robbery) involves the use of a weapon or infliction of serious injury. Armed robbery is punishable by 5-25 years or more in many states. Some states impose mandatory minimum sentences for armed robbery that judges cannot reduce.
Second-degree robbery involves force or fear without a weapon or serious injury. While still a serious felony, sentences are typically lower than for armed robbery. First-time offenders may face 2-7 years depending on the jurisdiction.
Some states recognize strong-arm robbery as a distinct category—using physical force without weapons. Others categorize by victim type, imposing enhanced penalties for robbing elderly victims, disabled persons, or taxi drivers.
Aggravating Factors
Using a firearm dramatically increases robbery penalties. Many states add mandatory consecutive years for gun use during a felony, meaning that time is served after the base robbery sentence. In federal cases involving guns, minimum sentences of 7-25 years may apply.
Injuring the victim elevates charges and penalties. If the victim suffers serious bodily injury, you may face first-degree robbery charges regardless of whether a weapon was used. If a victim dies during a robbery, you can be charged with felony murder even if the death was accidental.
Robbing certain establishments like banks, convenience stores at night, or transit operators may trigger enhanced penalties. Multiple victims in a single incident can result in multiple robbery counts.
Carjacking
Carjacking is a specific type of robbery involving the taking of a vehicle directly from its occupant. Carjacking is charged as a separate, often more serious offense than standard robbery. Federal carjacking charges apply when the vehicle was transported across state lines.
Carjacking sentences are severe—often 7-15 years minimum, with longer sentences if weapons are used or victims are injured.
Common Defenses
Lack of force or fear is a key defense. If the taking occurred without any threat or physical contact—even if the victim felt scared after the fact—robbery may not apply. Showing the taking was accomplished without force reduces charges to theft.
Misidentification occurs frequently in robbery cases. Victims under extreme stress may not accurately remember what the robber looked like. Challenging eyewitness identifications through expert testimony about memory and stress can be effective.
Alibi evidence proving you were elsewhere when the robbery occurred is a complete defense. Cell phone records, surveillance footage from other locations, and witness testimony can establish alibis.
Mistaken belief in right to property may negate the intent required for robbery. If you genuinely believed the property was yours and used force to recover it, this can be a defense—though the reasonableness of your belief matters.
Plea Negotiations
Given severe mandatory sentences for robbery, plea negotiations are often critical. Prosecutors may reduce charges from robbery to theft, assault, or attempted robbery in exchange for guilty pleas, saving resources and guaranteeing convictions. An experienced attorney can assess whether negotiated pleas might achieve better outcomes than trial.
Consequences Beyond Prison
Robbery convictions bring lifelong consequences. A robbery conviction is a permanent violent felony record that affects employment, housing, and civil rights. Many states prohibit felons from possessing firearms, voting (at least during incarceration), or holding certain professional licenses.
Immigration consequences are severe—robbery is generally considered an aggravated felony resulting in mandatory deportation for non-citizens.
Getting Legal Help
Robbery charges demand immediate legal representation. An experienced criminal defense attorney can challenge the prosecution's evidence, negotiate plea alternatives, and protect your constitutional rights. Given potential decades of imprisonment, professional defense is essential from the first moment you're accused.