Aggressive Defense Against Robbery Charges
Robbery involves taking the money or property of another person without consent and with the use of force. It is a violent crime that carries heavy penalties in Colorado. Depending on the circumstances, it could be charged as a state or federal offense. In either case, if you are convicted, you can expect to spend some time behind bars.
What Are the Two Types of Robbery under Colorado Law?
There are two types of robbery in Colorado – simple robbery and armed (aggravated ) robbery. The difference is that a perpetrator of armed robbery uses a gun, knife, or other deadly weapon to commit theft, or tells the victim that he has such a weapon.
- Example of simple robbery: A masked man walks into a convenience store and tells the checker to hand over all the cash in the register and he won’t get hurt. The masked man had no weapon, but there was a threat of force that compelled the checker to hand over the cash.
- Example of armed robbery: A man is strolling through the park when another man slips up behind him, grabs his arm, places a knife blade against his side, and orders him to hand over his watch, jewelry, and wallet. This crime qualifies as armed robbery because a deadly weapon was used to steal the man’s property.
What Are the Penalties for Robbery in Colorado?
Upon conviction, penalties are severe for any type of robbery in Colorado. Simple robbery has the lightest penalties, which may include two to six years in prison, a fine of up to $500,000, and a mandatory minimum probation period of three years. Penalties for simple robbery are steeper if the victim was disabled or over the age of 70. In that case, the offense may carry a prison sentence of four to 12 years, a fine of up to $500,000, and five years mandatory probation.
Armed robbery carries penalties that are even more severe. A person convicted of this crime could get four to 16 years in prison, a fine of up to $750,000, and five years mandatory probation. If another person was injured during the armed robbery, the maximum prison term is increased to 32 years.
What Are the Legal Defenses Against Robbery?
The burden of proof is on the prosecution. To defend against robbery charges, you only need to create reasonable doubt. Defenses that may be raised include:
- The property in question belonged to you.
- You were unaware that the property was not yours.
- You did not intend to take the property.
- You used no threats, force, or intimidation.
- You had no deadly weapon.
- Your identity was mistaken – you were not the robber.
- Police committed misconduct.
- Evidence used against you was obtained in an illegal search.
In What Situations May Federal Robbery Charges Apply?
Robbery may be a federal crime when it is committed in certain locations or against certain people. Federal crimes are typically those that cross state lines, are committed against federal officials or on federal property, or involve customs or immigration issues. For armed robbery to be elevated to a federal crime, it must have been committed:
- In an immigration or customs matter;
- Against federal officers;
- On federal property; or
- While crossing state lines.
Why Do You Need Experienced Criminal Defense Against Robbery Charges?
If you are convicted of robbery, you will be facing severe penalties. The consequences are even more serious when it is charged as a federal offense. Your best chance of obtaining the best possible outcome in your case is to have an experienced Colorado criminal defense attorney representing you. Call Welsh Law, LLC at (720) 836-1777. We will use all our skills and experience to fight on your behalf.