Violent theft crimes consist basically of Robbery and Armed Robbery. Robbery occurs when a person, with an intent to commit theft, takes the property of another from another or in the immediate presence of another by use of force, sudden snatching, intimidation, use of threat or coercion, or by placing a person in fear of immediate serious bodily injury to himself or another person. The item that was taken doesn’t even need to have been in actual contact with the victim’s body. The item simply needs to be under the victim’s control and not too far away from the victim. A conviction for robbery will result in a MINIMUM sentence of 1 to 20 years. Additionally, if the victim was 65 years or older, the defendant will be sentenced to a MINIMUM of 5 to 20 years. The judge is also require defendant to make restitution to any victim equal to the uncompensated portion of damages, even if they go to prison first.
The more severe crime of armed robbery is basically robbery by use of an offensive weapon, or any replica, article, or device having the appearance of such a weapon. An offensive weapon is essentially anything that is likely to produce death or great bodily injury. Even the use of a toy replica of a weapon may be sufficient to convict someone of armed robbery. A conviction will result in a mandatory minimum sentence of 10 years, with the possibility of up to 20 years or life in prison. If the armed robbery occurs at a pharmacy in which the person takes a controlled substance and intentionally inflicts bodily injury upon any person, a conviction will result in a sentence of at least 15 years.
An additional problem with an armed robbery that includes a firearm is there is a separate crime for that offense IN ADDITION to the armed robbery charge. This typically carries a 5 years sentence to run CONSECUTIVE to the armed robbery conviction.
Fortunately there are defenses to violent theft crimes and lesser offenses depending on the facts and circumstances of your case. Call or email us today.