If you take someone’s property using force without the intention of giving it back, then you can be charged with robbery. Robbery is a severe offense in Missouri. The penalties for robbery include years in prison and a stain on your record. If you’ve been charged with robbery for contact our award winning lawyers, and begin your defense today.
Robbery Missouri
If you take someone’s property using force without the intention of giving it back, then you can be charged with robbery. Robbery is a severe offense in Missouri. The law in Missouri recognizes robbery in the first and second degree. The difference between the two lies in the amount of force used during the robbery.
First Degree Robbery
Section 570.023 of the Missouri Revised Statutes states that a person commits a first degree robbery offense when he or she steals someone’s property by force and while in the process;
- (i) Causes severe physical harm to any person or
- (ii) Is heavily armed with a deadly weapon; or
- (iii) Threatens the person using a dangerous instrument; or
- (iv) Displays or threatens the use of a tool that appears dangerous or a deadly weapon
- (v) Steals a controlled substance from a pharmacy
Second Degree Robbery
According to Section 570.025 of the Missouri Revised Statutes, Second Degree Robbery occurs when a person takes another person’s property by force, and in the process cause physical injury to another person.
In second degree robberies, there is no use of deadly weapons or implied use.
Possible Penalties
The possible penalties for theft in Missouri can include fines and jail terms. The amount of fine and length of prison term may vary depending on individual factors like a defendant’s criminal history and if one is currently on probation.
There are some general guidelines of penalties for robbery offenses as discussed below;
Under Missouri law, first degree robbery is a class A felony and is punishable with a prison term that may range from 10-30 years.
Second degree robbery is a class B felony in Missouri which is punishable with a jail term of between 5-15 years
Robbery defenses
In robbery charges, the prosecution must prove beyond a reasonable doubt that you committed the robbery. As the defendant, your task is to rebut elements of the prosecutor’s case.
If you face robbery charges in Missouri, your defense attorney can use a number of robbery defenses. The following are some defenses to amount against robbery charges;
(1) Innocence
It’s the burden of the government to prove that a defendant is guilty of a crime. You can prove your innocence by attacking the prosecutor’s evidence. This can include errors in reports used to press charges against you.
You can also prove your innocence in robbery offenses by offering evidence that proves you were in a different place at the time the robbery occurred. For instance, if a robbery happened at 8:00 pm, you can bring forth a witness to support your alibi that you were in the bank at that time.