What is the legal definition of robbery in Colorado?
“(1) A person who knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation commits robbery.
(2) Robbery is a class 4 felony.”
If you are facing robbery charges in Colorado, it’s helpful to know the laws and penalties associated with these offenses. We’ll explain them in this post, along with letting you know what you can do to fight your charges.
Understanding Robbery Laws in Colorado
Under Colorado law, robbery is using intimidation, threats, or force to knowingly take any item of value directly from a person or within someone’s presence.
There are three types of robbery in Colorado, which are categorized by whether a weapon was used in commission of the offense and whether the item taken was a controlled substance.
Here is a breakdown of all three types of robbery:
Simple Robbery in Colorado
This offense depends on fear tactics or use of force. The property must be taken from another person’s presence for this charge to apply.
For more information, check out: How Coloradans Can Battle Back against Robbery Charges in Denver.
Aggravated Robbery in Colorado
Simple robbery can be raised to aggravated robbery if the offender used a deadly weapon during the act of robbery. The weapon must have been intended to wound, maim, or kill the person if resistance occurred. Aggravated robbery also applies if the offender strikes or wounds another person with the deadly weapon.
The weapon need not be discharged or used to cause injury for aggravated robbery charges to apply. Simply using the weapon to threaten or intimidate another person while knowingly putting a person in fear of bodily injury or death is enough to constitute a charge.
The deadly weapon can be an actual weapon or an article fashioned to represent a weapon so that the person being robbed reasonably believes it is a deadly weapon.
Aggravated Robbery of Controlled Substances in Colorado
This charge applies when aggravated robbery is used to take controlled substances from a person in lawful possession of the substances, such as a pharmacist or a pharmacy. For more information, check out Increasing Number of Crimes Driven by Addiction.
Penalties for Robbery in Denver, CO
Robbery is a felony crime in Colorado. Here is a breakdown of the penalties for the three types of robbery mentioned above:
Simple Robbery Penalties
This is a class 4 felony charge. A conviction will result in two to six years in prison with three years of mandatory parole, and/or a fine of $2,000 to $500,000.
The penalties will be raised if the victim was disabled or over 70 years old. The prison sentence will be four to 12 years with four to five years of mandatory parole, plus a fine of up to $500,000.
Aggravated Robbery Penalties
This is a class 3 felony charge and listed as an extraordinary risk crime. A conviction will result in four to 16 years in prison with five years mandatory parole, plus a fine of up to $750,000.
If anyone was seriously injured in the act of aggravated robbery, the prison sentence may be increased to 32 years with a mandatory minimum sentence of 10 years.
Aggravated Robbery of Controlled Substances Penalties
This is a class 2 felony charge. A conviction will result in a prison term of 16 to 48 years with five years mandatory parole, plus a fine between $5,000 and $1,000,000.
With penalties this serious, it’s crucial to contact an experienced Colorado attorney with a track record of success in these types of cases as soon as charges are filed against you.
Defenses to Colorado Robbery Charges
Affirmative Defense for Colorado Robbery
In order for a judge to convict, the prosecutor must prove certain elements of robbery. In Colorado, robbery involves both intent AND using force/intimidation, on top of actually taking money or property.
An affirmative defense says that one of these elements can’t be proven.
Alibi for Robbery Defense in Colorado
Proving that you were somewhere else at the time of the alleged robbery will be very helpful in getting your robbery case dismissed. This is especially true if you have evidence to back up the statement, such as an airline ticket, a receipt from a store, etc.
Duress as a Defense for Robbery
Any time someone commits an act under duress, the charges can more than likely be dropped. You aren’t acting on your own will. Instead, you’re acting in self-preservation, and no one should ever be held accountable for actions they must take to save his or her own life.
Insufficient Evidence as a Defense for Robbery in Colorado
Just like every other criminal case, the burden of proof falls on the prosecution. The primary job of a criminal defense lawyer is to create a reasonable doubt. Any evidence that you may have not been involved in the crime is all it takes to create a reasonable doubt.
Common Robbery Defenses in Colorado
A skilled Denver criminal attorney will know the best defense that can work to get your charges reduced or dropped.
Here are some of the defenses that may work in your case:
- You were falsely identified as a perpetrator.
- You acted without intent to take any property.
- You reasonably believed that the property belonged to you.
- You did not use intimidation, threats, or force.
- You were not carrying or using a deadly weapon.
- You possessed a deadly weapon but had no intent to use it.
- The evidence was collected during an unlawful search and seizure.
- The police used misconduct against you.
- You were acting in execution of public duty.
- Robbery was the better choice among several evils.
- You were a victim of entrapment.
- You acted under duress.
- You were involuntarily intoxicated at the time of the incident.
- You have an impaired mental capacity.
Convicted of a Felony in Colorado
If convicted of a felony in Colorado, you will lose your right to vote and your right to possess or use firearms. You may also struggle to get loans approved, find a good job, and secure quality housing. Your quality of life can suffer for decades if you have a felony conviction.
So, do everything in your power to make sure that doesn’t happen. Fight back with the most aggressive defense possible.
Contact Denver Robbery Lawyer Jeff Weeden
Since 2005, Jeffrey L. Weeden has been practicing criminal defense law in Colorado and has helped countless clients protect their rights and freedoms as a respected, caring, hard-nosed criminal defense attorney.
Over the course of his career, Mr. Weeden’s work has been recognized in numerous ways, including being named to the Top 100 Trial Lawyers list by The National Trial Lawyers, earning a 10.0 “Suberb” Avvo rating, receiving Martindale-Hubbard’s highest peer review rating — AV Preeminent, and being asked to speak on several issues of interest to the legal community.
Additionally, he is someone who cares deeply about his community and those in need, and is an active member of a number of professional legal organizations, including the Rocky Mountain Children’s Law Center and Law Firm Pro Bono Coordinators.
A trusted advocate during his nearly 15 years representing those accused of crimes, attorney Weeden has represented clients throughout Colorado including Adams, Arapahoe, Aurora, Boulder, Broomfield, Denver, Douglas, Gilpin, Jefferson, Larimer, Morgan, Weld counties and beyond.
Act Now—Call Attorney Jeff Weeden To Build A Solid Defense Strategy Against These Serious Charges. For a free initial consultation, call 720.307.4330. Phone answers 24/7 and collect calls from inmates are accepted.
