Hire an Experienced Attorney to Help You
Being accused of robbery is a serious offense and requires the help of a professional and experienced attorney. If you’re facing a robbery charge in Denver, CO or the surrounding areas of Aurora, Greenwood Village, or Centennial, you need to call Mastro, Barnes & Stazzone P.C. Our legal team will be able to provide the assistance and representation you need to see you through this difficult time. We understand that facing a criminal charge can be overwhelming and confusing. That’s why our team will walk you through the process and thoroughly explain all of your options. This will allow you to make the best decision on how to move forward. Please reach out to us today to schedule a consultation about your case.
How Does Colorado Define Robbery?
The legal definition of robbery in the state of Colorado is knowingly taking anything of value directly from another person on in the presence of another person by the use of force, threats, or intimidation. The critical point here is that robbery takes place in front of another person, which is different from theft. Theft occurs anytime you take something of value that is not yours, regardless of whether another person is present. Robbery is also different from burglary, with the primary difference being that burglary involves entering a structure illegally with the intent to steal or commit a crime. Though all three charges are similar, there are key points that differentiate them. There are three main robbery charges, which include:
Simple Robbery: This is the least serious of robbery charges. A person can be charged with robbery when they knowingly take anything of value by using force. Force or fear is one of the main elements of robbery and must be proven to result in a conviction. If the property you took was rightfully yours or you were taking it to return it to the correct owner, you have not committed a robbery.
Aggravated Robbery: A charge of robbery is elevated to aggravated robbery if, during the act, the robber or accomplice meets any of the following criteria:
- Is armed with a deadly weapon they intend to use to kill, maim, or wound the person if resisted
- Wounds or strikes the victim with a deadly weapon or causes the victim or other bystanders to fear for their death or bodily injury
- Indicates to the victim that they are armed with a deadly weapon or uses any item that has been altered to look like a weapon, such as a toy gun
Aggravated Robbery of Controlled Substances: An offense of robbery can be further elevated to this charge, which you commit when you meet the criteria of aggravated robbery, and the object you take is any controlled substance from a pharmacy, pharmacist, or another person who has the drugs legally.
What Are the Penalties of Robbery?
The penalties and punishments of robbery will vary depending on which offense you are convicted of. All of the charges have the possibility for prison sentences and fines, as well as a criminal record that could affect your ability to get a job or housing later. That’s why it’s so important to hire an experienced attorney to represent you and fight for your rights. The punishments for the three levels of robbery include:
Simple Robbery: This offense is considered a class 4 felony in the state of Colorado. The sentence for this charge can include two to six years in prison, with three years of mandatory parole. In addition, you could also incur a fine ranging from $2,000 to $500,000. These penalties could be worse if the victim of your crime was 70 years or older or was disabled.
Aggravated Robbery: This offense is a class 3 felony and is also considered a Colorado extraordinary risk crime. Punishment for this crime could include four to sixteen years in prison, with five years of mandatory parole and a fine of up to $750,000. The maximum sentence can increase to 32 years if you used or threatened the use of a deadly weapon or seriously injured any person.
Aggravated Robbery of Controlled Substances: This crime is a class 2 felony in Colorado. The penalties for this serious crime can include a prison sentence of sixteen to 48 years, plus five years of mandatory parole. You could also incur a fine of $5,000 to $1,000,000.
Possible Defenses to a Robbery Charge
There are numerous ways to defend yourself against a robbery charge, and either get the charge thrown out or lessened to a less severe crime. An experienced Denver criminal defense attorney, like Mastro, Barnes & Stazzone P.C., can help you properly defend yourself from an accusation of robbery. Every case will be different, which is why we approach each case with a fresh outlook. We dive deep into the details of your case to help determine the best defense to get you a fair outcome. All of the following are possible defenses or partial defenses that could help you if proven in your case:
- You were wrongly identified as the perpetrator
- The property you took was rightfully yours and was being withheld
- You didn’t have a deadly weapon
- The drugs found by police were not stolen
- You had a deadly weapon but had no intention of using it
Contact Us for a Consultation
If you are facing a robbery charge, don’t hesitate to hire a legal team that will fight for your rights. Call Mastro, Barnes & Stazzone P.C. today to schedule a consultation, and we’ll review your case.