A person commits robbery by intentionally taking something of value from the person or the presence of another by force, threats, or intimidation, according to CRS 18-4-301 of Colorado’s penal code. Robbery is typically charged as a class 4 felony, with a maximum sentence of 6 years in prison and a maximum fine of $500,000. However, aggravated robbery is an even more serious crime.
Aggravated robbery occurs when someone attacks the victim with a weapon or causes severe physical harm, such as disfigurement or disability. Unfortunately, this offense can result in grievous penalties such as stiff fines and imprisonment. To retain experienced legal counsel, contact Law Offices of Clifton Black, PC.
Colorado Aggravated Robbery Lawyer
If you have been accused of aggravated robbery, contact Law Offices of Clifton Black, PC. Colorado state law dictates that you may face some fairly severe consequences following a conviction. For this reason, it’s essential to hire an aggressive criminal defense attorney to fight on your behalf as soon as possible.
Our experienced criminal defense lawyers are skilled in helping clients fight a variety of robbery charges, including robbery, armed robbery and more. Call (719) 328-1616 to arrange a consultation with Law Offices of Clifton Black, PC today.
The Law Offices of Clifton Black, PC accepts robbery cases in El Paso County, CO including Colorado Springs, Calhan, Fountain, Rush, Peyton, and Elbert.
- Aggravated Robbery in Colorado
- Penalties for Aggravated Robbery in CO
- Defining a Deadly Weapon
- Burden of Proof
- Possible Defenses
- Related Offenses
- Additional Resources
Aggravated Robbery in Colorado
CRS § 18-4-302 defines aggravated robbery in specific detail. Under state law, aggravated robbery is committed when the following occurs either during the robbery itself or the immediate aftermath:
- The accused is carrying a deadly weapon and intends to use it to harm, maim, or kill the target of the robbery or any other person if they resist;
- The accused intentionally injures or strikes the victim of the robbery or any other person, or intentionally places them in fear of death or serious bodily harm by using force, threats, or intimidation while brandishing a deadly weapon;
- The accused has an accomplice on hand who is assisting or encouraging the robbery and who is carrying a deadly weapon, with the intention, either on the part of the defendant or the accomplice, to use the weapon in the furtherance of the crime;
- The accused displays verbally or in another way that he is immediately armed or he has anything that could reasonably be used or fashioned to give the impression to anyone nearby that it is a deadly weapon.
As an extraordinary risk crime and a class 3 felony, aggravated robbery is subject to the modified presumptive sentencing range outlined in section 18-1.3-401. If a defendant is found guilty of aggravated robbery in accordance with paragraph (b) of subsection (1), the court must sentence the defendant in line with section 18-1.3-406.
Penalties for Aggravated Robbery in CO
Aggravated robbery is classified as a Class 3 felony and is punishable by a prison term of 4 to 16 years and a fine of up to $750,000. The sentence can increase to a maximum of 32 years with a mandatory minimum of 10 years if, during the robbery or while fleeing from the robbery, the alleged offender intentionally wounds or strikes a person with a deadly weapon or places a person in fear of a reasonable threat of bodily injury or death by using force, threats, or intimidation.
Aggravated battery is one of ten felony crimes considered “extraordinary risk crimes” in Colorado. These crimes carry more significant sentences due to the substantial risk of harm to the community.
Defining a Deadly Weapon
In Colorado, a deadly weapon is something that can cause death or serious bodily harm when used as intended, including firearms that are loaded or unloaded, knives, batons, grenades, and other similar objects. Almost anything can fall under the category of an object that could potentially be considered a deadly weapon if used to harm a person.
Burden of Proof
To charge someone with aggravated robbery, the prosecution must prove that the defendant committed the crime by taking someone else’s property and that they used a deadly weapon or knowingly inflicted bodily harm in the process.
Some possible defenses to an aggravated battery charge include:
- The weapon used in the robbery was not a deadly weapon
- The defendant never committed a robbery
- The alleged offender never indicated that they were carrying a deadly weapon at the time of the robbery.
If the robber does not actually have a lethal weapon but instead lies and claims to have one or uses something that resembles one, they can still be charged with aggravated robbery. If the robber represented the item as deadly, saying later that it wasn’t deadly is not a valid defense.
Simple robbery, burglary, possession of burglary tools, and theft are just a few of the offenses frequently connected to aggravated robbery.
Simple Robbery (18-4-301 CRS)
According to Colorado’s 18-4-301 CRS, simple robbery happens when someone purposefully takes something of value from another person using force, threats, or intimidation. It is a Class 4 felony, and punishment for a conviction includes up to 6 years in prison and a fine of up to $500,000.
Under 18-4-201 CRS, burglary is when a person enters another person’s property without permission and remains there with the intent to commit a crime. The intended crime can include a crime like theft but must be something other than the offense of trespass.
Based on the severity of the crime, burglaries in Colorado can range from third-degree felonies to first-degree felonies. The punishment can be as severe as a $1,000,000 fine and a prison sentence of up to 48 years.
Colorado Judicial Branch – Follow the link provided to read an explanation of armed robbery and the classification of the offense.
Crime Classification Guide – Access the 2020 Crime Classification Guide which includes the sentencing scheme for felonies and extraordinary felonies. Table 2 lists each crime’s mandatory minimum, maximum, and parole eligibility.
Colorado Springs Aggravated Robbery Attorneys | El Paso County, CO
If you have been arrested for aggravated robbery in Colorado Springs, CO, our criminal defense attorneys at Law Offices of Clifton Black, PC can help defend your rights and protect your interests. Robbery charges are serious, and the penalties can affect your future. Never talk to any law enforcement officer until you have retained experienced legal counsel first.
Call Law Offices of Clifton Black, PC today at (719) 328-1616 to schedule your first consultation. Law Offices of Clifton Black, PC accepts clients throughout the greater Colorado Springs area including Fountain, Calhan, Manitou Springs, and Peyton.