Consequently, a robbery charge is very serious and requires a strong defense or you face prison time and being labeled a felon for the rest of your life. Look for a defense attorney like James Newby who has the experience you need to defend yourself against a robbery charge.
Robbery is a class 4 felony in Colorado and if done with a deadly weapon is considered a violent crime. When done with a weapon a simple robbery is termed an aggravated robbery. An aggravated robbery is a class three felony and carries with it a mandatory prison sentence of between ten to thirty- two years.
For further definition of what changes a simple robbery into an Aggravated Robbery (18-4-302):
- A person who commits robbery is guilty of aggravated robbery if during the act of robbery or immediate flight therefrom:
(a) He is armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or any other person; or
(b) He knowingly wounds or strikes the person robbed or any other person with a deadly weapon or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person robbed or any other person in reasonable fear of death or bodily injury; or
(c) He has present a confederate, aiding or abetting the perpetration of the robbery, armed with a deadly weapon, with the intent, either on the part of the defendant or confederate, if resistance is offered, to kill, maim, or wound the person robbed or any other person, or by the use of force, threats, or intimidation puts the person robbed or any other person in reasonable fear of death or bodily injury; or
(d) He possesses any article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or represents verbally or otherwise that he is then and there so armed.
- Aggravated robbery is a class 3 felony and is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401 (10).
- If a defendant is convicted of aggravated robbery pursuant to paragraph (b) of subsection (1) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.
As with all crimes, the burden of proof falls on the government to prove beyond a reasonable doubt that the defendant committed the crime charged. This means that any defendant being accused of robbery should act immediately to get an attorney working on your case who can help you build a strong defense. Witnesses need to be interviewed and evidence gathered as soon as possible.
If you are accused of or charged with robbery or aggravated robbery, you need to find an experienced defense attorney who can help you develop a vigorous defense. James Newby has the experience to evaluate the case and work put you in the best position possible. He will look for any mitigating circumstances that may help reduce the charges or dismiss them all together. He can also help you understand the ramifications to your case if you have a previous record.
By James Newby
James W. Newby, LLC
102 S. Tejon Street, Suite 1100
Colorado Springs, CO 80903