Robbery Laws

Robbery lies on the border between theft crimes and violent crimes. It could be considered a hybrid of larceny and assault. Since robbery is more serious than a generic theft offense, a defendant could face harsh penalties upon a conviction. A suspect should not try to talk their way out of the situation on their own. This can make their position worse instead of better, even if they believe that they are innocent. Instead, they should consult a criminal defense lawyer who can present their side of the story.

What Is Robbery?

Robbery usually is charged when a person stole something by using or threatening force.

Elements of Robbery

In general, a prosecutor pursuing a robbery charge must show that the defendant took someone else’s property with the intent to deprive them of it. (These are essentially the elements of ordinary theft or larceny.) Furthermore, the defendant must have accomplished the theft by using or threatening force. Many robbery statutes explicitly require that the defendant took the property from the victim's person or in their presence.

Example of Robbery

Phil sees Vern collect money from an outdoor ATM machine. He follows Vern until they reach an area with nobody else on the sidewalk. Phil pulls out a knife and demands that Vern hand over his wallet. This likely would be considered robbery.

On the other hand, consider a different situation in which Phil follows Vern after he collects money from the ATM. He picks Vern’s wallet from his back pocket without Vern noticing. This would be larceny but not robbery because Phil did not threaten or use force.

Offenses Related to Robbery

Some other offenses that could be charged in situations similar to those that might support a robbery charge include:

• Larceny: this is essentially the generic form of theft, involving taking someone else’s property without permission and with the intent to deprive them of it
• Burglary: illegally entering a structure with the intent to commit a crime such as robbery inside it
• Grand theft auto: motor vehicle theft, which could be charged together with robbery in situations such as when someone steals a car at gunpoint
• Assault or battery: intentionally causing someone else to fear immediate harm (assault); offensive or harmful contact with another person (battery)

Sometimes a defendant might be able to negotiate a plea deal in which they get the prosecutor to drop the robbery charge in exchange for pleading guilty to a crime like larceny or assault.

Defenses to Robbery

Sometimes a defendant might defeat a robbery charge by casting a reasonable doubt on their identification. They might have an alibi showing that they could not have committed the crime because they were somewhere else. Or they might question the accounts of witnesses, especially if the crime occurred after dark or in another situation involving poor visibility. A witness also might have accused the defendant based on a grudge or another improper motive.

Other defenses to robbery might involve challenging the theft aspect of the crime. For example, the defendant might not have intended to deprive the victim of the property permanently or for any other duration required by the applicable statute. They also might raise a “claim of right” argument if they genuinely (but wrongly) believed that they had a right to the property.

Alternatively, a defendant might challenge the force element. Perhaps a beggar politely asked the victim for spare cash. This likely would not meet the level of intimidation required to establish robbery.

Penalties for Robbery

Each state imposes its own set of penalties for robbery. Here are potential periods of imprisonment for a standard robbery conviction in a selection of states:

• Arizona: 1.5-3 years (2.5 years presumptive)
• California: 2, 3, or 5 years
• Florida: Up to 15 years
• Illinois: 3-7 years
• Michigan: Up to 15 years
• New York: Minimum term of 1-2.33 years
• Texas: 2-20 years
• Washington: Up to 10 years

A defendant may face greater penalties if certain aggravating factors were present. These might include the use of a firearm or another weapon, injuries caused to the victim, or a particularly vulnerable victim like an elderly person.

Last reviewed August 2024