Colorado Springs Armed Robbery Attorneys
Arrested for Robbery with a Deadly Weapon?
Robbery is both a violent crime and a property crime in nature, although it is categorized as a violent crime by the Federal Bureau of Investigation (FBI). According to Colorado Revised Statute 18-4-301, robbery is committed when "a person…knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation." A robbery is considered armed robbery, or aggravated robbery as it is designated by Colorado law, if the offender is armed with a deadly weapon with the intent to wound, maim, or kill the person or persons being robbed should they resist.
Additional Definitions of Aggravated Robbery
Being armed with a "seemingly" deadly weapon is enough for a robbery to be considered an aggravated or armed robbery. If the "weapon" appears deadly and the alleged offender advertises it as such, then the offender would be considered guilty of armed robbery. Additionally, if the offender knowingly strikes or wounds any person with a deadly weapon or by the use of threats, force, or intimidation with a deadly weapon, the action is considered to be armed robbery. Finally, if an accomplice or confederate conducts themselves according to any of the aforementioned actions, all parties involved would be considered to have committed armed robbery. Aggravated robbery is a serious crime which carries stiff penalties that can permanently alter the course of a person's life and jeopardize their future.
Penalties for Armed Robbery in Colorado
Colorado law considers aggravated robbery a violent crime and any person convicted of such a crime will be sentenced according to violent crime penalties. Aggravated robbery is a class 3 felony, as well as an "extraordinary risk crime," which carries with it the following penalties:
- A minimum sentence of 4 years in prison and a $3,000 fine; and
- A maximum sentence of 16 years in prison and a $750,000 fine.
In exceptional circumstances:
- A minimum of 2 years in prison;
- A maximum of 32 years in prison; and
- 5 years mandatory parole.
Any sentence between the minimum and maximum presumptive range may be ordered by the court, as well as other potential requirements, such as successful completion of a rehabilitation program, psychological evaluations, community service, probation and/or completion of an anger management program. In extenuating circumstances, a judge may modify a convicted offender's punishment to reflect the unique situation.
Consequences of an Aggravated Robbery Conviction
The consequences of an armed robbery conviction in Colorado go far beyond a fine and a prison sentence. Many convicted felons lose their jobs, their homes, and their families. After paying heavy fines and/or restitution, an armed robber may find him or herself in a desperate financial situation. Once released, jobs will be hard to come by and rebuilding relationships or trying to develop new ones may be difficult, thus creating a lonely future.
Felony Armed Robbery
In Colorado, a "robbery" is defined as a situation where a person uses threats, force, or intimidation to take any item of value from another person. A robbery is known as an "armed robbery" or an "aggravated robbery" if a weapon is involved. Both types of robbery are felonies under Colorado law.
Colorado Law Concerning Weapons Used During Robbery
Colorado's aggravated robbery law covers several different situations in which a weapon might be used in a robbery. These include:
- The person who is accused of committing the robbery had a dangerous weapon and intended to use it to injure or kill the person being robbed or anyone else;
- The person accused of committing robbery had a weapon and actually injured someone else with it;
- The person accused of committing robbery had a weapon and used it to threaten or intimidate the person being robbed or anyone else;
- The person accused of committing robbery had an accomplice who had a weapon, and the accomplice intended to injure or kill the person being robbed or anyone else, or the accomplice threatened or intimidated anyone with the weapon; and
- The person accused of committing robbery had something that, to a reasonable person, would look like a dangerous weapon, and/or the person accused of committing robbery announced or pretended they had a weapon that they would use to injure or kill someone.
Is Aggravated Robbery a Felony?
Robbery involving a weapon is a Class 3 felony in Colorado. A person who is convicted of aggravated robbery faces not only the standard range of penalties that apply to all Class 3 felonies, but may also face additional years tacked onto the standard prison term. This is because the Colorado legislature considers armed robbery an "extraordinary risk crime," or one that puts people's lives and health at risk in a particularly severe way. Colorado's criminal laws allow courts to impose additional prison time on people who are convicted of extraordinary risk crimes. Fines, longer parole terms, and other penalties may also be imposed on those who are convicted of aggravated robbery in Colorado.
Don't Leave Your Future to Chance
In order to avoid excessive or unwarranted imprisonment, and to protect your financial and personal future, you should retain the services of an aggressive Colorado Springs felony defense attorney. Timothy Bussey of The Bussey Law Firm, P.C., is an experienced attorney and can build a strong defense on your behalf. To learn more about protecting your legal rights and potentially having the charges against you reduced or dropped, contact Mr. Bussey today at (719) 475-2555.