Robbery is a very serious crime that typically results in a custodial sentence. A conviction of robbery can also result in a lifetime ban from possessing firearms, depending on state law. It lies on the borderline between theft crimes and violent crimes, and it is generally considered a more severe offense than burglary, shoplifting or car theft.
Robbery involves taking someone else’s property from their immediate possession against their will using force or fear. Many states define the elements of a robbery as the same as those required for ordinary theft or larceny, but add that the defendant used force to take the property. Some states have different degrees of robbery, such as first degree versus second degree robbery. First-degree robbery generally requires the use of a weapon and counts as a strike under the state’s Three Strikes law.
A common robbery defense is that the defendant did not actually take anything, or that they did not have the intent to permanently deprive the owner of the property taken. Usually, this is not a good argument, and prosecutors will view it skeptically. A more effective robbery defense strategy is to focus on the fact that the defendant did not use force or fear to take the property.
Whether you are a victim of a robbery or a suspect in a robbery case, it is important to seek the advice and representation of an experienced criminal defense attorney. For victims of robbery, the psychological aftermath can be long-lasting and can affect every aspect of a person’s life. Victims may become startled by little noises or abrupt movements, feel nervous in crowds and become suspicious of strangers. Victims of robbery may even be unable to sleep and have nightmares. Some states have programs that reimburse victims of robbery for medical, counseling and lost wages expenses related to the robbery.