Aggravated Robbery in Colorado
Aggravated Robbery is a very serious felony charge in Colorado.The elements of aggravated robbery are outlined in Colorado Revised Statutes 18-4-302, and reads as follows:
(1) A person who commits robbery is guilty of aggravated robbery if during the act of robbery or immediate flight therefrom:
(a) He is armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or any other person; or
(b) He knowingly wounds or strikes the person robbed or any other person with a deadly weapon or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person robbed or any other person in reasonable fear of death or bodily injury; or
(c) He has present a confederate, aiding or abetting the perpetration of the robbery, armed with a deadly weapon, with the intent, either on the part of the defendant or confederate, if resistance is offered, to kill, maim, or wound the person robbed or any other person, or by the use of force, threats, or intimidation puts the person robbed or any other person in reasonable fear of death or bodily injury; or
(d) He possesses any article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or represents verbally or otherwise that he is then and there so armed.
When Is Aggravated Robbery Charged?
Essentially, Aggravated Robbery is where a robbery is conducted with the use of a deadly weapon.Note that the weapon does not have to be used against a victim during the robbery, nor does the victim of the robbery have to be injured for the elements of Aggravated Robbery to be met.
What makes Aggravated Robbery such a serious felony charge is that, upon a conviction for it, the offender must be sentenced to the Colorado Dept. of Corrections for a range of 10-32 years.This mandatory sentence to prison is required because Aggravated Robbery is considered a “crime of violence” under Colorado law.Crimes of violence that result in convictions require the offender to go to prison.Probation is not an option- the offender will go to prison within the sentencing range specified above.
Like any other crime, aggravating and mitigating circumstances will be considered by the district attorney and the court in determining what the final sentence will be.An offender’s criminal history, or lack thereof, will certainly be considered.Injury or lack thereof to the victim will also be considered.The type of weapon used can also factor into sentencing.If multiple conspirators are charged, a close examination of each person’s role in the robbery will be scrutinized.
If you or a loved one has been charged with the crime of Aggravated Robbery in Colorado, you need an experienced criminal defense attorney to handle the case.Contact us, and we will be happy to assist.
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