Coloradans have seen their fair share of news about robbery recently.
It wasn’t long ago that police arrested a man in Colorado Springs for robbing 17 different establishments throughout the area. An 82-year-old man who allegedly committed a robbery in Colorado and three other states was arrested in Arizona. And people are still pointing fingers and laughing at the attempted robber in Colorado who dropped his pants during the crime.
While it may be difficult not to laugh at that video, though, Colorado robbery charges are incredibly serious. If you want to avoid severe penalties, you need to put together the strongest defense strategy possible.
Doing this starts with a clear understanding of the law.
What Is Robbery in Colorado?
Before we dive into different defense strategies for robbery charges, let’s examine the definition of the crime itself. In Colorado, a person commits robbery when they “knowingly take anything of value from the person or presence of another by the use of force, threats, or intimidation.” So what’s the difference between burglary and robbery? A burglary occurs if a perpetrator unlawfully enters an area with the intent to steal or commit a felony. Robbery occurs if a perpetrator unlawfully takes something directly from someone, either by force or threat of violence.
For more information on shoplifting, check out: “Shoplifting” in Colorado Covers More Than Simply Stealing from a Store or How Colorado Shoplifting Can Easily Lead to Serious Charges
The three elements of robbery are:
- The defendant took or attempted to take something of value from another person
- The defendant used force, threats, or intimidation to obtain the item(s) of value
- They knew what they were doing
How serious are the consequences of a conviction in Colorado?
Robbery is a class 4 felony in Colorado. Convicted offenders may face up to six years behind bars and up to $500,000 in fines. Defendants who are charged with robbery can, however, walk away from court with reduced penalties or dropped charges if they are able to present an aggressive and appropriate defense strategy.
For more information, check out our blog: Everything You Need to Know About Colorado Robbery Charges
Colorado Robbery Defense Strategies
What are some of the most commonly used robbery defenses?
Burglary Defense: Theft Without Force, Threats, or Intimidation
Remember, the prosecution must prove all three elements of robbery. If the prosecution fails to prove all three of these elements, the charges may be dropped or reduced.
Say, for example, a defendant walks into a store and takes items without paying. The defendant simply picked the items up and walked out of the store without holding anyone up or telling anyone in the store that they were committing the crime. If there is a miscommunication about the nature of the theft, the defendant may end up with robbery charges.
Technically, this crime is simple theft or shoplifting. The defendant can work with their lawyer to show that there was no type of force, threats, or intimidation involved. The difference between robbery and theft could amount to years in prison. For most people in this situation, this defense strategy could be worth a shot.
Burglary Defense: Threats Did Not Involve a Deadly Weapon
Defendants may also face aggravated robbery charges. Colorado defines aggravated robbery as the act of robbery that also involves any of the following factors:
- A deadly weapon or threats, force, or intimidation that put victims in fear of serious bodily injury
- Intention to kill, maim, or wound victims if they resist the robbery
- Physical assault
- Possession of an object that resembles a deadly weapon
If you are charged with aggravated robbery, you might be able to disprove that any of these elements were present and fight for reduced charges. Aggravated robbery is a class 3 felony (and a class 2 felony if the stolen items included controlled substances). Reducing the charges from aggravated to simple robbery can help you cut potential penalties in half.
Burglary Defense: You Have an Alibi
Maybe you were identified as the robber, but you weren’t even close to the scene of the crime. All you may need is an alibi to walk away from the courtroom without any penalties. An alibi is an assertion that you were in a different place at the time of the crime. Receipts, eyewitnesses, or video footage can provide solid evidence of your alibi.
Burglary Defense: Duress
Duress is a defense strategy that can only be used in very specific circumstances, but also one that has proven very effective in the right cases. Essentially, it means that another party forced you to commit the robbery with threats or intimidation.
If you are able to argue this effectively, you may be able to get off using duress as a defense. In order to use this defense, you will have to provide solid evidence that you feared immediate bodily injury and that the only way to escape that fear was to commit robbery.
Burglary Defense: Lack of Evidence
As you collect evidence that you did not commit the crime, prosecutors must gather evidence that you did commit the crime. Moreover, they have the burden of proof – all you need to do is create enough doubt that you did not commit the crime that you will be acquitted.
Which defense strategy is best for you? That depends on the specifics of your situation. Consult with a knowledgeable Colorado criminal lawyer to get started on a strong defense as soon as possible.
Call Denver Criminal Defense Attorney Jeff Weeden Today
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 “Superb” 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.