Degrees of Robbery Charges and their Potential Sentences

Written by:Julian Stroleny

Robbery is a serious crime with varying severity, with each offense carrying potential punishments. Understanding these distinctions is necessary for anyone involved or affected by such cases.

Work with a Criminal Defense Lawyer If You’re Charged with Robbery

Should you face a robbery charge, you must retain the help of a Miami Beach criminal defense attorney – someone well-versed in robbery. By taking this step, you’ll receive a better outcome and can focus more clearly on your defense.

Request a Free Case Evaluation

Introduction to Robbery

Robbery is generally defined as the act of taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence, causing the victim to feel afraid.

Key Elements of Robbery

Before reviewing the degrees of robbery, it’s essential to understand the key elements that constitute the crime:

• Taking and Carrying Away: The perpetrator must take possession of the property and move it, even if only slightly.
• Personal Property of Another: The property taken must belong to someone else.
• From the Person or Presence: The property must be taken from the victim’s person or in their immediate vicinity.
• Against the Victim’s Will: The taking must occur without the victim’s consent.
• By Force or Threat of Force: The use or threat of physical force or violence is a critical element of robbery.

Robbery of the First Degree

First-degree robbery is considered severe and, therefore, covers harsher punishments. It often involves one or more of the following aggravating factors:

• Use of a Deadly Weapon: The perpetrator uses a firearm or other deadly weapon during the robbery.
• Infliction of Serious Bodily Injury: The victim suffers significant physical harm as a result of the robbery.
• Robbery of a Protected Location: The theft occurs at a bank, pharmacy, or other protected establishment.

Potential Sentences for First-Degree Robbery

The penalties for first-degree robbery are substantial and can include lengthy prison sentences, significant fines, and other severe consequences. The exact sentencing guidelines vary by jurisdiction but often include:

• Long-Term Imprisonment: Sentences can range from several years to life in prison.
• Heavy Fines: Substantial monetary penalties may be imposed.
• Mandatory Minimum Sentences: Many jurisdictions have mandatory minimum sentences for first-degree robbery, especially when a firearm is involved.

Second-Degree Robbery

Second-degree robbery is less severe than first-degree robbery but still a serious offense. It typically involves robbery where a weapon may be present but not used in a way that inflicts serious injury or where the threat of force is implied rather than explicitly stated.

Potential Sentences for Second-Degree Robbery

The penalties for second-degree robbery are less severe than those for first-degree robbery but still significant. They may include:

• Moderate Prison Sentences: Sentences can range from several years to a decade or more.
• Fines: Monetary penalties may be imposed, though they are generally less than those for first-degree robbery.
• Probation: In some cases, probation may be an option, especially for first-time offenders.

Third-Degree Robbery

Robbery in the third degree is less severe than the other forms of theft and involves situations where force or threat of force is minimal or implied. It may include instances where no weapon is involved, and no significant injury is inflicted.

Potential Sentences for Third-Degree Robbery

The penalties for third-degree robbery are the least severe of the robbery charges but still carry significant consequences. They may include:

• Shorter Prison Sentences: Sentences can range from several months to a few years.
• Fines: Monetary penalties may be imposed, though they are generally less than those for higher degrees of robbery.
• Probation: Probation is often a viable option for third-degree robbery, particularly for first-time offenders.

Factors Influencing Sentencing

Several factors can influence the sentencing for robbery charges. These factors can either mitigate or aggravate the penalties.

Aggravating Factors

Aggravating factors are circumstances that can lead to harsher penalties. When committing a robbery, they include:

• Use of a Deadly Weapon: As mentioned earlier, using a firearm or other deadly weapon significantly increases the severity of the crime.
• Infliction of Serious Bodily Injury: Causing significant physical harm to the victim will result in harsher penalties.
• Vulnerability of the Victim: Robbing a vulnerable individual, such as an older adult or a child, can lead to increased penalties.
• Prior Criminal Record: A history of criminal activity, especially violent crimes, can result in a more severe sentence.
• Commission of the Robbery with Others: Participating in a robbery with multiple individuals can aggravate.

Mitigating Factors

Mitigating factors are circumstances that may lead to less severe penalties. They include:

• Lack of Prior Criminal Record: A clean criminal record can be a significant mitigating factor.
• Remorse and Acceptance of Responsibility: Showing genuine remorse and acceptance of guilt for the crime can lead to a reduced sentence.
• Cooperation with Law Enforcement: Cooperating investigations and providing information can be viewed favorably by the court.
• Mental Health Issues: In some cases, mental health issues may be considered as a mitigating factor.
• Minor Role in the Offense: If the individual played a minor role in the robbery, their sentence may be less severe.

Jurisdictional Differences

The specific definitions and penalties for robbery can vary significantly between jurisdictions. State laws and federal laws may have different classifications and sentencing guidelines. It is essential to consult the specific laws of the relevant jurisdiction to understand the potential consequences of a robbery charge.

State Laws

Each state has its own set of laws regarding robbery. These laws may define the degrees of robbery differently and have varying sentencing ranges. Some states may also have specific statutes that address particular circumstances, such as robbery of a bank or robbery of a person over a certain age.

Federal Laws

Federal laws also address robbery, mainly involving federal property or crossing state lines. The penalties for federal robbery charges can be severe and may include lengthy prison sentences and substantial fines.

Legal Representation

Given the serious nature of robbery charges, it is necessary to seek legal representation. An experienced criminal defense attorney can:

• Explain the Charges: Help the individual understand the specific charges and potential penalties.
• Investigate the Case: Conduct a thorough investigation to gather evidence and build a strong defense.
• Negotiate with Prosecutors: Attempt to negotiate a plea bargain or reduced charges.
• Represent in Court: Provide legal representation during court proceedings and trial.
• Advocate for the Best Possible Outcome: Work to achieve the best possible outcome, whether it’s a dismissal of charges, a reduced sentence, or an acquittal.

By understanding the different degrees of robbery charges and their potential sentences, you can better grasp the seriousness of the crime and the importance of legal counsel. Remember that it’s always best to consult a legal professional for specific advice about a situation or crime.

Speak to a Criminal Defense Attorney

If you have been charged with robbery, you must review your case with a robbery crimes lawyer. This defense attorney can help you understand your charges and support a strategy for a more vigorous defense.  With a lawyer’s help, you can grasp your circumstances better and achieve a more successful outcome. Call a lawyer right away.

Request a Free Case Evaluation