Robbery and Aggravated Robbery are both charged at the Larimer County Courts in Colorado when a person uses force, threats, or intimidation to take an object of value from another person. The difference between these two crimes is whether the defendant used a deadly weapon – such as a gun – to carry out the robbery. If a person uses a firearm or another deadly weapon, they will be charged with Aggravated Robbery. Both offenses are felonies; however, Aggravated Robbery is a class 3 felony and extraordinary risk crime, which carries especially stiff penalties. If you have been charged with either offense, don’t wait, and contact the best criminal defense lawyers today.
1. Colorado’s Law on Robbery, C.R.S. 18-4-301 at the Larimer County Courts
Colorado’s law on Robbery, C.R.S. 18-4-301, as recognized by the Larimer County Courts, is:
Robbery is essentially an act of Theft, but with the addition of using intimidation to coerce another person to take something from them while in their presence. For example, Robbery would be charged for accosting another person in Old Town Fort Collins, shouting at them, and demanding that they hand over their purse. Note that no deadly weapon is required to be charged with Robbery, and possession of a deadly weapon would instead be charged as Aggravated Robbery.
2. Definition of Aggravated Robbery, C.R.S. 18-4-302 in Fort Collins
Aggravated Robbery, C.R.S. 18-4-302, is defined as follows in Fort Collins:
(1) 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.[/su_quote]
In other words, Aggravated Robbery is charged for engaging in an act of robbery while armed with a deadly weapon.
3. Robbery vs. Aggravated Robbery in Loveland and Estes Park
The primary difference between Robbery and Aggravated Robbery in Loveland and Estes Park is whether the defendant was armed with a deadly weapon at the time of the robbery. Aggravated Robbery is charged when a person or an accomplice has or uses a deadly weapon – such as a gun – to commit the robbery. Alternatively, Aggravated Robbery can be charged for using an object that looks like a deadly weapon, or verbally indicating that you have a deadly weapon.
By contrast, Robbery is only charged for taking an item of value by using force, threats, or intimidation. Deadly weapons are not part of a Robbery charge.
4. Colorado Prison Time and Other Penalties for Robbery in Larimer County
Both Robbery and Aggravated Robbery come with hefty penalties in Larimer County – including several years in a Colorado prison. Penalties you could face if you are convicted of Robbery or Aggravated Robbery include:
Offense |
Classification |
Penalties |
| Robbery | Class 4 felony / F4 |
|
| Aggravated Robbery | Class 3 felony / F3 + extraordinary risk crime |
|
Note that as an extraordinary risk crime, Aggravated Robbery carries more severe penalties than a class 3 felony normally would.
Have you been charged with Robbery or Aggravated Robbery? Be smart, and exercise your right to stay silent – do not talk to the Fort Collins Police or Larimer County Sheriff. Then get in contact with a top criminal defense lawyer with decades of experience at the O’Malley Law Office today at 970-658-0007 to discuss your case. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Jason Negonga