The criminal charge of robbery differs substantially from most theft offenses. A conviction requires evidence of more than just the unlawful taking of property. A robbery conviction also requires some type of threat or use of force in an effort to take the property of another person. The short answer to the question, is robbery a felony Minneapolis and Minnesota, is yes.
Because this offense inherently involves violence or the threat of violence, it is considered one of the more serious criminal offenses under state law. Even the lowest form of robbery offense under state law—simple robbery—is considered a felony. The same is true for more serious offenses.
If you are facing felony robbery charges in Minnesota, all is not lost. These cases can be defensible, and our office understands how to fight back against the prosecution during a robbery case. Contact a Minneapolis robbery charges lawyer of Gerald Miller today to learn more.
Types of Felony Robbery Offenses in Minneapolis and Minnesota
The offense of robbery is divided into three distinct criminal offenses under state law. These offenses are referred to as simple robbery, aggravated robbery in the second degree, and aggravated robbery in the first degree.
Simple Robbery in Minneapolis and Minnesota
The lowest-level robbery offense under state law is referred to as simple robbery. Despite its name, this is a serious offense that can lead to as much as 10 years in state prison. Simple robbery is defined by Minnesota Statute Section 609.24. According to the statute, the crime of simple robbery involves the attempted taking of another person’s property through the use or threat of force. An attempt alone is enough for a robbery conviction; the state does not have to prove you successfully obtained the property. The use of force can come in many forms including pushing, grabbing, punching, or kicking another person. Verbal threats and gestures that indicate you intend to use force take the property of another person also qualifies.
Aggravated Robbery in the Second Degree in Minneapolis and MN
Aggravated robbery in the second degree is one step up from simple robbery. Also a felony, a conviction could result in as much as 15 years in prison as well as a fine of up to $35,000.
Aggravated robbery in the second degree is defined by Minnesota Statute Section 609.245. This offense is used when a person implies that they have a deadly weapon without showing or using it.
Minnesota Aggravated Robbery in the First Degree
If you’re asking is robbery a felony, know that the most serious of these offenses is aggravated robbery in the first degree. This offense carries a maximum of 20 years in state prison as well as a fine of up to $35,000. Aggravated robbery involves the use of a deadly weapon during the course of a robbery. These dangerous weapons include not only firearms but also bats, knives, or even automobiles. This offense is also appropriate when the complaining witness is injured during the course of the crime.
Common Defenses to Robbery Charges in MN
There are a few ways to defend your self against allegations of robbery. One of the strongest possible defenses involves simply claiming actual innocence. There are a number of ways that you could make the case for innocence. For starters, you could allege that you were mistakenly identified as the actual perpetrator. This defense is especially strong if you have an alibi that makes it impossible for you to have been at the scene of the crime.
You might also rely on a defense centered on the violation of your constitutional rights. You are protected from unlawful searches and seizures by the United States constitution. If the police developed evidence against you following an illegal search or seizure, you could use that to exclude that evidence from trial. Limiting the evidence available to the state could put you in a strong position to win your case.
Contact a Minneapolis Robbery Charges Lawyer to Discuss Your Robbery Arrest
Robbery is one of the most serious offenses under state law, and these allegations should be taken seriously. If convicted, you could spend years of your life behind bars. If you’re asking is robbery a felony in Minneapolis and Minnesota because you’re facing charges, you should consult a lawyer.
The attorneys of Gerald Miller understand what is at stake in robbery cases. We will aggressively advocate for you while developing the strongest defense strategy possible. If you are ready to learn more about how we could help, contact our firm right away to schedule a free consultation.