Have you been accused of Robbery in Weld County? Taking something of value from another person by the use of threat or force, is Robbery in Colorado. The top attorneys at the O’Malley Law Office discuss Colorado’s Robbery Laws below. Robbery charges are felonies that can have defendants facing time in prison, fines, and a permanent criminal record. Having a criminal defense attorney with over 30 years of experience at your side can make the difference between prison and an acquittal. Let us aggressively fight for you and your future. We’ll cover 4 Robbery Laws in Weld County facts below:
- Types of Robbery Charges in Greeley, Colorado
- Definitions of Key Words “Deadly Weapon” and “Controlled Substance” in Robbery Laws in Johnstown and Erie, Colorado
- What are the Penalties and Sentence for Robbery in Weld County?
- Common Defenses to Robbery and Hiring a Top Greeley Criminal Defense Attorney
#1. Types of Robbery Charges in Greeley, Colorado
In Greeley, our clients face three common types of Robbery charges:
Robbery – C.R.S. 18-4-301:
Aggravated Robbery – C.R.S. 18-4-302:
(a) He is armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or any other person; or
(b) He knowingly wounds or strikes the person robbed or any other person with a deadly weapon or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person robbed or any other person in reasonable fear of death or bodily injury; or
(c) He has presented a confederate, aiding or abetting the perpetration of the robbery, armed with a deadly weapon, with the intent, either on the part of the defendant or confederate, if resistance is offered, to kill, maim, or wound the person robbed or any other person, or by the use of force, threats, or intimidation puts the person robbed or any other person in reasonable fear of death or bodily injury; or
(d) He possesses any article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or represents verbally or otherwise that he is then and there so armed.
Aggravated Robbery of Controlled Substances – C.R.S. 18-4-303
These Robbery Charges carry different sentences and penalties depending on whether a deadly weapon was used and if the theft was of controlled substances.
#2. Definition of Key Words “Deadly Weapon” and “Controlled Substance” in Robbery Laws in Johnstown and Erie, Colorado
When accused of Robbery in Johnstown and Erie, Colorado, it is important to know the definition of key words in the charges. “Deadly Weapon” and “Controlled Substance” are key words that change the sentence and penalties of a Robbery charge. They are defined as:
Deadly Weapon – (I) A firearm, whether loaded or unloaded; or (II) A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.
Controlled Substance – means a drug, substance, or immediate precursor included in schedules I through V of part 2 of this article, including cocaine, marijuana, marijuana concentrate, cathinones, any synthetic cannabinoid, and salvia divinorum.
#3. What are the Penalties and Sentence for Robbery in Weld County?
The sentence and penalties in Weld County for Robbery depend on what property was taken and if a “deadly weapon” was used. Robbery is a class 4 felony with penalties of 2-6 years in the Colorado Department of Corrections, a fine of $2,000-$500,000 and with 3 years of mandatory parole. It is also important to note that if the victim was elderly or disabled the penalties increase. Aggravated Robbery is based on a class 3 felony sentence, with penalties of 4-16 years in prison, a fine of up to $750,000 and with 5-years mandatory parole. In addition, the penalties are more severe if a deadly weapon was used or a person was seriously injured. Aggravated Robbery of a Controlled Substance conviction is a class 2 felony, with penalties of 16-48 years in prison, a possible fine of $5,000-$1,000,000, and 5-years of mandatory parole.
#4. Common Defenses to Robbery and Hiring a Top Greeley, Colorado Criminal Defense Attorney
Our top Greeley criminal defense attorneys will learn the specifics of your case and mount a defense for the best outcome. Our first step is to gather all of the evidence and then develop the most plausible Theory of Defense. Having an attorney with experience navigating the Robbery Laws in Weld County Courts and defending against Robbery cases is important. Some common defenses to a Robbery charge are:
- Mistaken identity and Alibi – you were somewhere else at the time of the alleged Robbery
- The property involved actually belonged to you
- You had the permission to recover the property from its rightful owner, such as in a repossession
- You did not intend to take anything
- You did not have a deadly weapon
- You did not use force, threats, or intimidation