Colorado Springs Robbery Defense Attorneys
Defending Those Charged with Robbery Crimes in Colorado Springs
Robbery is a violent crime – one that the Colorado government takes very seriously. Those charged with robbery can expect to spend years, sometimes even decades, behind bars. If you are currently under investigation for robbery or have already been charged with this crime, you need a top Colorado Springs theft lawyer and The Bussey Law Firm, P.C., can help.
Our team is made up of excellent defense attorneys who have the experience and skill you need for your trial. We have worked with many clients who were charged with robbery and fought tooth and nail to get their charges reduced, and even dropped. If you become our client, we will fight for you, too. To start building your defense, call us at (719) 475-2555. The prosecution won’t take a break, and neither should you.
Defining Robbery in Colorado
Many people use the terms "robbery" and "burglary" interchangeably, but they are actually very different crimes under Colorado law. To be considered guilty of burglary, it must be proven that a person forced his or her way into a home, commercial building or locked container with the intention of committing a crime. During a robbery, a person takes something from someone else by intimidating, threatening or harming someone directly.
On the other hand, a robbery in Colorado can occur anywhere and does not have to involve a "break and enter." The key factors in a robbery are threats of harm or actual harm and direct interaction with the victim.
The following actions could all be cause for the authorities to charge you with robbery:
- You approach a driver of a car and order him to leave, threatening to physically harm the driver if he doesn't comply.
- You enter a store and demand money from the clerk. You might threaten him or her verbally or show the clerk a pistol you are carrying. In the latter instance, the police will likely charge you with armed robbery.
- You pin somebody against a wall and refuse to release the person until he or she gives you his or her wallet.
- You physically assault somebody and steal something from the person after you knock him or her down.
Whatever you are accused of doing, the penalties for robbery can be steep, depending on the exact type of robbery that you are charged with and convicted of.
Types of Robbery
Under Colorado law, there are two types of robbery: simple robbery and aggravated or armed robbery. The main distinction between the two types of theft is that in the latter, the accused uses a deadly weapon such as a gun or knife to commit the crime or tells the victim that he or she has a deadly weapon.
For example, if someone threatened to hit or kick the victim if he did not hand over his money, then that would be simple robbery. No weapon was involved, but there was a threat of physical violence. On the other hand, if someone pulled a gun, or threatened to pull a gun, and demanded a victim hand over his wallet, then that would be classified as aggravated or armed robbery. Not surprisingly, armed robbery carries much harsher penalties than simple robbery.
There is also the crime of aggravated robbery of a controlled substance. This means that someone stole illegal drugs through threats of violence. This is the most serious robbery crime, as illegal drugs are tightly controlled by the government. Stealing any, whether from a pharmacist or a dealer, is considered a serious offense, and the penalties for it match the severity of the crime.
The Penalties for Robbery
Robbery is considered a violent crime in Colorado, whatever kind of robbery you have been charged with. That being said, not all robbery crimes are created equal. Simple robbery, for example, carries the lightest penalties. A simple robbery conviction could result in:
- Between 2 and 6 years in prison
- A mandatory probation of 3 years
- Fines of up to $500,000
If the alleged victim of the crime was over 70 years old or disabled, then the penalties are increased to:
- Between 4 and 12 years in prison
- A mandatory probation of 5 years
- Fines of up to $500,000
On the other hand, if you have been charged with armed robbery, upon conviction you could be facing:
- Between 4 and 16 years in prison
- A mandatory probation of 5 years
- Fines of up to $750,000
If anyone was injured during the robbery, then the maximum prison sentence increases to 32 years.
If you are convicted of aggravated robbery of a controlled substance, then your penalties will be incredibly harsh. You could be sentenced to:
- Between 16 and 48 years in prison
- A mandatory probation of 5 years
- Fines of up to $1,000,000
All robbery crimes are felonies. That means even a conviction for simple robbery will strip you of certain rights that you may have previously taken for granted. For example, felons are not allowed to own firearms, vote while in prison, or seek aid from certain government programs. The truth is when you are convicted of a felony, you never stop paying for your crimes. That is why seeking an experienced attorney to defend you is paramount.
Defending Against Robbery Charges
Building a strong defense is not an easy task. It will require an in-depth investigation. Remember, the prosecution started gathering evidence against you from the moment you were arrested, sometimes even before, so you will have a lot of catching up to do. That does not mean it is an impossible task. After all, you don’t have to prove yourself innocent -- you just have to create reasonable doubt of your guilt. Some arguments that can do just that include:
- The property in question was actually yours.
- You were unaware that the property was not yours.
- You did not have a deadly weapon.
- You did not threaten, force, or intimidate anyone.
- You did have a deadly weapon, but did not intend to use it.
- You did not intend to take the property.
- You were not the robber and your identity has been mistaken.
- The drugs found on you were not stolen.
- The evidence being used against you was gathered in an illegal search.
- The police committed misconduct.
That being said, you can’t just pick a defense from a list on a webpage. You need a top Colorado Springs robbery defense lawyer who knows the local courts and can develop the perfect defense for your case. Doing so on your own, or even with the help of a public defender, will be difficult, if not impossible. Thankfully, there is an excellent criminal defense firm that you can turn to.
Fighting a Robbery Charge in Colorado
The first thing you need to determine is whether the robbery charge is justified. The key question is whether the accused used force or intimidation to secure the property of another person. If the answer is no, and you should keep in mind that the definitions of these terms can be quite subjective, you may be able to get your charges reduced to petty theft or shoplifting, which carry much lighter sentences. This is just one of many possible robbery defense strategies that can help you get your charges modified or even dropped. To discuss which approach will be best in your situation, contact The Bussey Law Firm, P.C. at (719) 475-2555 and arrange a free initial consultation.
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