Is Robbery a Felony in Minnesota?
Yes, robbery is a felony in Minnesota. It is classified as either simple robbery or aggravated robbery, with severe penalties depending on the circumstances.
At Gerald Miller, we understand how life-changing a robbery charge can be. With decades of experience in Minnesota criminal defense, we are committed to providing the legal expertise you need to fight for your rights and your future.
In this article, we’ll break down the different robbery classifications, penalties, and what to expect when facing a robbery charge in Minnesota.
What Are the Types of Robbery Charges in Minnesota?
Robbery in Minnesota is divided into two primary categories: simple robbery and aggravated robbery.
Simple Robbery
- Definition: Using force or threats to take personal property from another person.
- Penalties: Up to 10 years in prison and fines of up to $20,000.
- Example: Taking someone’s wallet through physical intimidation without a weapon.
Aggravated Robbery
Aggravated robbery is more serious and divided into two degrees:
- First-Degree Aggravated Robbery: Involves using or implying the use of a dangerous weapon, or causing bodily harm during the robbery.
- Penalties: Up to 20 years in prison and fines of up to $35,000.
- Second-Degree Aggravated Robbery: Involves implying possession of a dangerous weapon without using it.
- Penalties: Up to 15 years in prison and fines of up to $30,000.
What Is the Difference Between Robbery and Theft in Minnesota?
Robbery involves the use of force or intimidation, while theft does not.
- Robbery: Involves taking property directly from another person using threats or violence.
- Theft: Refers to unlawfully taking or controlling someone’s property without force or intimidation.
Key Takeaway: The use of force or threats elevates theft to a robbery charge, which carries much harsher penalties.
What Are the Aggravating Factors That Increase Robbery Penalties in Minnesota?
Certain circumstances can enhance the penalties for robbery convictions in Minnesota. These are known as aggravating factors.
- Use of a Weapon: Displaying, using, or threatening with a weapon can elevate charges to first-degree aggravated robbery.
- Injury to the Victim: Causing physical harm during the robbery results in harsher penalties.
- Targeting Vulnerable Individuals: Robbing elderly or disabled individuals may result in enhanced sentencing.
- Prior Convictions: A history of criminal offenses, particularly violent crimes, can lead to stricter penalties.
- Gang Involvement: Robberies linked to gang activity may invoke additional charges.
Pro Tip: Mitigating these factors during your defense can significantly reduce potential penalties. An experienced criminal defense attorney is essential for this process.
How Do Prior Robbery Convictions Affect Sentencing in Minnesota?
Prior convictions for robbery or other violent offenses can substantially impact your sentencing for a new charge.
- Mandatory Minimum Sentences: Repeat offenders may face mandatory minimum jail time, even for lesser charges.
- Increased Maximum Penalties: Judges have the discretion to impose sentences closer to the maximum limits for repeat offenders.
- Loss of Parole Eligibility: Multiple convictions may make parole less likely or significantly delayed.
| Prior Conviction Status | Impact on Sentencing |
|---|---|
| First-Time Offender | Eligible for probation or reduced sentences |
| One Prior Conviction | Mandatory jail time likely, stricter sentencing range |
| Multiple Prior Convictions | Maximum penalties enforced, parole unlikely |
Key Takeaway: A clean record can make a significant difference in the severity of penalties. If you have prior convictions, an attorney can help negotiate for reduced charges or alternative sentencing.
What Are the Defenses Against Robbery Charges in Minnesota?
Several defenses can challenge a robbery charge in Minnesota, depending on the circumstances.
- Lack of Evidence: The prosecution must prove every element of the robbery charge beyond a reasonable doubt.
- Mistaken Identity: Misidentification by witnesses is a common defense.
- No Intent to Steal: If you did not intend to permanently deprive someone of their property, it could negate the robbery charge.
- Self-Defense: If you acted to protect yourself from harm, it may serve as a defense against the charges.
Pro Tip: Hiring an experienced defense attorney can uncover weaknesses in the prosecution’s case and help you build a robust defense.
What Are the Penalties for Robbery Convictions in Minnesota?
| Charge | Prison Time | Fines |
|---|---|---|
| Simple Robbery | Up to 10 years | Up to $20,000 |
| Aggravated Robbery (1st) | Up to 20 years | Up to $35,000 |
| Aggravated Robbery (2nd) | Up to 15 years | Up to $30,000 |
Important Note: Penalties can increase if the robbery involves additional factors like prior criminal history or harm to the victim.
How Does Robbery Affect Your Criminal Record in Minnesota?
A robbery conviction in Minnesota results in a permanent felony record.
- Employment Challenges: Felony convictions can limit job opportunities.
- Housing Restrictions: Landlords may deny applications based on a felony record.
- Loss of Rights: Convictions may impact gun ownership and voting rights.
Key Tip: Avoiding a conviction or negotiating a reduced charge can help mitigate long-term consequences.
What Should You Do If You’re Charged with Robbery in Minnesota?
- Do Not Speak to Police: Anything you say can be used against you.
- Consult a Criminal Defense Attorney: An experienced lawyer can assess your case and explain your options.
- Gather Evidence: Collect any documents or witness information that supports your defense.
- Follow Legal Advice: Adhering to your attorney’s guidance is crucial for building a strong defense.
Contact Gerald Miller for Aggressive Robbery Defense Today
A robbery charge can have life-altering consequences, but you don’t have to face it alone. At Gerald Miller, we have decades of experience defending clients against felony charges in Minnesota. Our team is dedicated to protecting your rights and fighting for the best possible outcome in your case.
Call us today at 612-341-9080 or contact us online to schedule a free consultation. Let us help you navigate the legal system and build a defense strategy that works.
Related Content:
- A Minnesota Criminal Defense Lawyer Explains Robbery Charges
- What Happens When You Get Charged with Robbery in Minnesota?
- What’s the Difference Between Robbery and Burglary?
- How to Get a Robbery Charged Dismissed in Minnesota
- What is Strong Arm Robbery?
Originally published April 16, 2021 and updated December 19, 2024
