Under Indiana law, robbery is committed when you knowingly or intentionally take someone else’s property from them. This can be confused with theft.
However, to be elevated to the charge of robbery, the act must generally be done by:
- The use of force
- Threatened force
- Putting the alleged victim in fear
What is the Difference Between Robbery and Burglary?
While each state has their own definition of robbery vs. burglary, the general difference is that robbery is conducted through the use of threat or force, while burglary is conducted without these forms of confrontation. For example, Indiana Code 35-43-2-1 defines burglary as the breaking and entering of a building or structure with the intent to commit a felony or theft. Indiana Code 35-42-5-1 defines robbery as taking property from another person by threatening the use of force or by putting that person in fear. Theft can occur without the victim being present or having been threatened with force or made fearful.
Indiana Robbery Penalties
If you are convicted of robbery, under Indiana’s robbery statute, you may face penalties for the robbery that include prison time and steep fines. The punishments for robbery include:
- Level 5 Felony Robbery - Robbery committed as stated above is charged as a Level 5 felony. A conviction on these charges could result in one to six years in prison (the advisory sentence is three years), and be fined up to $10,000.
- Level 4 Felony Robbery - Robbery is a Level 4 felony when you knowingly take a controlled substance from a pharmacist or a pharmacy by using force, threats, or instilling fear in the alleged victim. Conviction of a Level 4 felony robbery carries with it a prison sentence of two to 12 years (with an advisory sentence of six years) and up to $10,000 in fines.
- Level 3 Felony Robbery - A Level 3 felony involves bodily injury while a Level 2 felony involves “serious” bodily injury. The penalties for a Level 3 felony includes three to 16 years of imprisonment with an advised sentence of nine years. You can also be fined up to $10,000.
- Level 2 Felony Robbery - If you used a deadly weapon or if you caused serious bodily injury to the alleged victim during the robbery, it can be raised to a Level 2 felony. The penalty for a Level 2 felony includes 10 to 30 years in prison with an advisory sentence of 17.5 years. You may also be fined up to $10,000.
Note: Advisory sentences are guidelines for judges to use when imposing robbery sentences.
How to Get Robbery Charges Dropped
There are several robbery defenses that can be used to either have the charges against you dropped or reduced. In order to have armed or unarmed robbery charges dropped or reduced you can argue:
- There is insufficient evidence to support the charges against you; if this is true then the prosecution must drop the charges against you
- You were arrested without probable cause
- There are insufficient witnesses of the event
- You were arrested after an illegal stop or search by law enforcement; evidence found during an illegal stop or search is inadmissible in court
Even if you are unable to have the case against you dropped, by hiring a skilled Indianapolis robbery defense attorney to represent you, you can ensure that you have a fair trial and that your side of the story is heard. Don’t wait! Get started today.
Turn to a Reputable Indianapolis Robbery Lawyer
How your case turns out may heavily depend on the competence of your attorney. Judges are not required to follow advisory sentencing guidelines and, with the right attorney, may be convinced to reduce a sentence. Furthermore, your attorney may be able to uncover evidence favorable to you that puts a conviction in doubt. This exemplifies why you need established, proven, and committed legal representation when facing the very serious charge of robbery. Our firm brings strong qualifications and an aggressive stance to the defense of all criminal charges.
Being charged with robbery is a serious matter that calls for the services of a trusted Indianapolis robbery lawyer. The consequences of a robbery conviction can be devastating to you and your family. It is essential to ensure that you have a strong defense which can only occur with the help of an Indianapolis robbery attorney who has is experienced in handling cases such as yours. That includes extensive trial preparation and experience in court. Without it, you face the prospect of being underrepresented in a matter that puts your freedom and future at stake.
Experienced & Aggressive Legal Representation in Indiana
Robbery is one of the most serious violent crimes in Indiana. A conviction is punishable by a lengthy prison sentence, fines worth tens of thousands of dollars, and a permanent criminal record that could haunt you for the rest of your life. Immediately after getting arrested, one of the most important things to do is hire a criminal defense attorney to defend you against the charges you face.
At the Law Office of B.D. Williams, you can depend on our well-respected and proven attorney. As your Indianapolis robbery lawyer, he will work vigorously to protect your constitutional rights, ensure you have a fair trial should your case go that far, and do everything possible to help you obtain the best possible result. Our firm consistently offers strong, focused, and thoroughly-prepared advocacy whether negotiating with prosecutors for reduced charges or fighting for you before a judge and jury. You and your case are our top priority.
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