What is Robbery in Larimer County?
C.R.S. 18-4-301 – Robbery – is defined by Colorado law as:
The three most important elements of Robbery in Larimer, Boulder, and Jackson County are:
1.Taking something of value
2.From another person or in the presence of another person
3.Using force, threats, or intimidation
|Force||A man physically takes a purse from a woman as she is walking on the sidewalk in downtown Fort Collins.|
|Threat||A woman tells another woman to give her all the cash in her wallet or she will hurt her child.|
|Intimidation||A large man approaches an elderly couple and demands they hand over their valuables and jewelry. The man’s size intimidates the frail couple because they know they could not defend themselves in a physical altercation.|
What is Aggravated Robbery in Fort Collins?
Colorado law defines C.R.S. 18-4-302 – Aggravated Robbery – as:
(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.
Basically, Aggravated Robbery is a Robbery with the added element of a weapon or injury in Fort Collins, Loveland, or Estes Park. If a deadly weapon is involved in any way, the charge would be Aggravated Robbery. A deadly weapon is:
- A firearm, whether loaded or unloaded; or
- A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.
It is important to note that the weapon does not actually have to be visible during the Robbery. In fact, it does not even have to truly exist. If a person tells a store clerk he has a gun when robbing the store, that is enough to get the Aggravated Robbery charge. Even if the man never had any weapons on him, just verbally stating he had a gun is sufficient to warrant this charge.
What is the Punishment for Robbery and Aggravated Robbery?
As felony charges in Larimer County, Colorado, Robbery and Aggravated Robbery are both punishable by imprisonment in the Colorado Department of Corrections (DOC).
|Robbery||Class 4 felony||*2 to 6 years in DOC
*$2,000 to $500,000 in fines
|Aggravated Robbery||Class 3 felony||Extraordinary Risk Crime:
*4 to 16 years in DOC
*$3,000 – $750,000 in fines
We commonly see Theft gone wrong cases, where a person is trying to shoplift and a confrontation ensues between the accused and a clerk or security guard. This would elevate the charge to Robbery, especially if in a panic someone is hurt or a weapon emerges. We have seen clients charged with Robbery – Domestic Violence after a property dispute when a boyfriend is moving out after a break-up and the girlfriend calls the police out of control or revenge.
If you or a loved one has been contacted by the police concerning a Robbery charge, be smart, exercise your right to remain silent, and contact us immediately. At the O’Malley Law Office, P.C., we’ve successfully defended people falsely accused of Robbery. Our cases have ended in our clients’ acquittal at trial, lesser sentences than originally faced and case dismissal. So call us today at 970-658-0007 to set up an initial consultation. Together, we can protect your future.