Have you been charged with aggravated robbery in Colorado? If so, you’ll want to know what this charge means and why you need an experienced criminal defense attorney.
What Is Aggravated Robbery?
The difference between robbery and aggravated robbery in Colorado depends on the use of a weapon. Robbery with a firearm, used by the robber or an accomplice, escalates the punishment that applies to this crime.
Robbery involves two required elements (Colorado 18-4-301 C.R.S.):
- Knowingly taking something of value directly from another person or in another person’s presence, and
- Taking something by the use of force, threats, or intimidation.
The crime becomes aggravated robbery when these factors are present during the robbery or when fleeing from the crime (Colorado 18-4-302 C.R.S.):
- Being armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or anyone else;
- Knowingly wounding or striking the person robbed or any other person with a deadly weapon;
- Using force, threats, or intimidation with a deadly weapon that the robber knows will give the person robbed or anyone else reasonable fear of death or bodily injury;
- Receiving help with the robbery from another person if that person is armed with a deadly weapon and meets the above factors of intent to cause harm or fear of harm; or
- Possessing something that someone would reasonably believe to be a deadly weapon, or representing that you have a deadly weapon.
So you don’t even have to use a deadly weapon for your charge to be increased to aggravated robbery. Simply possessing a weapon during a robbery can bring an increased charge.
Aggravated Robbery of Controlled Substances
Aggravated robbery of a controlled substance occurs when a person steals any controlled substance (Colorado 18-4-303 C.R.S.):
- From any pharmacy or other place having lawful possession of the substance; or
- From any pharmacist or other person having lawful possession of the substance; and
- Meets the aggravated robbery in Colorado requirements described above from Colorado 18-4-302 C.R.S.
Robbery with a firearm increases the potential punishment for robbery. Likewise, robbery of a controlled substance adds even more years to an aggravated robbery prison sentence. A skilled criminal defense attorney can attempt to reduce this charge.
Penalties for Aggravated Robbery
Robbery is a class 4 felony in Colorado, which brings the following punishment:
- Up to six years in prison and/or
- A fine of up to $500,000.
Also, if the robbery involved an elderly or disabled person, penalties can increase to 12 years in prison.
Aggravated robbery is a class 3 felony in Colorado and is labeled an extraordinary risk crime. So robbery with a firearm means an increased armed robbery sentence.
Aggravated robbery in Colorado punishment includes (Colorado 18-1.3-401 C.R.S.):
- Up to 32 years in prison and
- A fine of up to $750,000.
Aggravated robbery of a controlled substance carries a sentence of up to 48 years in prison.
Aggravated Robbery in Colorado Defense
Facing an armed robbery sentence in Colorado is stressful. If you’ve been accused of aggravated robbery, a Colorado defense attorney can present the following defenses:
- You did not intend to take an item of value,
- You owned the property (or reasonably believed you owned it),
- You did not commit robbery with a firearm or other deadly weapon,
- You had a deadly weapon but didn’t intend to use it, or
- You suffered an illegal search or seizure.
You need a skilled criminal defense attorney to argue for your aggravated robbery charges to be dismissed or reduced.
Do You Need a Colorado Criminal Defense Attorney?
If you’ve been charged with aggravated robbery, you face intimidating penalties. You may feel overwhelmed, but finding an experienced criminal defense attorney, like Miller Leonard, can help.
To get your aggravated robbery in Colorado charge dismissed or reduced, call Miller Leonard. Miller is a former prosecutor, and he has worked on thousands of criminal cases.
This insider information means he knows what strategy gives the best chance to win your case. Contact Miller Leonard P.C. today to schedule a free consultation. Miller believes everyone deserves someone to fight for them, and he’s ready to take up your defense.