Robbery in Minnesota is different from other states. There are three levels that you could be convicted of. Each one has consequences, some more severe than others. If you are in trouble, you are going to need an experienced criminal defense lawyer to help you through this difficult time.
What Are the Different Levels of Robbery?
The three levels include:
Simple robbery.
Defined by Minnesota Statute Section 609.24, a simple robbery must use force (or at least threaten to) when trying to take something that belongs to someone else. Force comes in many forms, from punches, kicks, and shoves. Threats include verbal ones, along with gestures that were made to scare and intimidate someone.
Aggravated robbery in the first degree.
Defined by Minnesota Statute Section 609.245, Subdivision 1, an aggravated robbery in the first degree means that you have a dangerous weapon (or anything else that could cause harm) while trying to commit a robbery. Even though most people believe that this means that you have a gun, knives, bats, and even pieces of metal could be considered a dangerous weapon. If you attempt to harm someone using a motor vehicle, you may also be looking at this charge.
You could also be charged with an aggravated robbery in the first degree if the property holder gets harmed during the crime. While this often means that the property holder is physically injured, it also includes illness and any impairment of physical condition.
Aggravated robbery in the second degree.
Defined by Minnesota Statute Section 609.245, Subdivision 2, an aggravated robbery in the second degree only means that the dangerous weapon is implied. All you need to do is say that you have a weapon and your charge will go from simple robbery to an aggravated robbery in the second degree. No one needs to be harmed for it to be considered this level of robbery.
What are the Consequences?
Your consequences will depend on what level of robbery you are convicted of.
If you are convicted of a simple robbery, you could be facing up to ten years in prison. Your fines could reach up to twenty thousand dollars.
If you are convicted of aggravated robbery in the first degree, you could be facing up to twenty years in prison. Your fines could reach up to thirty-five thousand dollars.
If convicted of an aggravated robbery in the second degree, you may spend up to fifteen years behind bars. You could end up paying up to thirty-thousand dollars in fines.
What Are Common Defenses?
There are a few defenses that you might consider if you are looking at a robbery charge. The most common one is that you are innocent.
Unfortunately for them (but good for you), in order to be charged with robbery, the prosecution has to prove that it was you. An alibi is the best way to prove your innocence. You are going to need to be able to prove that you were not at the robbery when it said that it occurred.
However, if you don’t have an alibi, you just have to cause the jury to have some doubts. They can’t convict you if they have any doubts! Entrapment, duress, and intoxication may be some of your other options.
If you have been charged with robbery (of any level), it is important that you hire a lawyer right away. He or she will help you decide the best course of action to help you get through this difficult time.
If you are charged with robbery in Minnesota, don’t hesitate to contact us. We will be glad to discuss your charges and options so that together we can decide how to proceed.
Please also see our theft defense page.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
