Armed Robbery

Intro: A conviction for armed or “aggravated” robbery brings severe penalties and little chance of parole. If you’ve been charged with aggravated robbery, you need to know your rights and legal defense options. Here are some common questions clients have asked us about armed robbery charges:

How Is Armed Robbery Defined And Prosecuted Under Kansas Law In Johnson County?

Armed robbery or “aggravated robbery” occurs when you commit theft by use of force or threat of immediate bodily harm while armed, or while appearing to be armed, with a deadly weapon.

Judges and prosecutors treat armed robbery as a violent and serious felony offense. If you use a weapon in connection with a robbery, even if it is not discharged, the charges will be more severe because of the inherent danger to victims and the community.

Law enforcement and the District Attorney’s Office in Johnson County pursue these cases with all available resources, including forensic evidence, surveillance footage, and eyewitness testimony to build a vigorous prosecution.

If you’re charged with armed robbery and ultimately convicted, you will endure an arduous prosecution and possibly a lengthy prison sentence without the possibility of parole. For these reasons, having a skilled criminal defense attorney is essential to ensure your rights are protected.

What Are The Sentencing Guidelines For Armed Robbery In Johnson County, KS?

Armed or aggravated robbery is typically classified as a severity level 3 person felony under the Kansas Sentencing Guidelines. There are 10 severity levels for felonies in Kansas, with severity level 1 being the highest. Level 3 makes aggravated robbery a relatively serious felony. Probation is not usually an option if you’re convicted of aggravated robbery.

In Kansas, the sentencing guidelines for aggravated robbery include consideration of your criminal history and whether you used or brandished a weapon that resulted in injury. If you’re a first-time offender, you could be sentenced to more than 5 years in prison. If you have prior convictions, the duration of your sentence would be considerably longer.

Judges in Johnson County have limited discretion because of mandatory minimum sentences, particularly in violent felony cases.

How Does The Presence Of A Weapon Elevate Robbery Charges In Johnson County?

Aggravated robbery is considered a more violent offense because it intensifies the fear experienced by victims and increases the potential for physical harm. Use of a weapon during a robbery automatically elevates a standard robbery charge into aggravated robbery under Kansas law.

Because of these stakes, the legal consequences of a weapon-related robbery are far more severe than those of a robbery committed without one. Even if the weapon is unloaded, non-functional or never discharged, the brandishing of a weapon creates a heightened sense of danger and threat. Therefore, perceived risk is enough to escalate the charge.

The weapon may not have harmed anyone, but prosecutors need only to prove it was present or implied during the commission of the theft.

What Role Does Intent Play In Defending Against Armed Robbery Accusations In Johnson County?

Intent is a foundational element in any criminal case, and armed robbery prosecutions are no exception. The prosecutor must prove beyond a reasonable doubt that the defendant knowingly used or threatened to use force while attempting to commit theft and did so while armed or appearing to be armed.

Typical defenses to a claim of intent include the defendant’s misinterpretation or mistake of facts, their lack of intent to rob or use force, mistaken identity or false accusations. Any of these may be viable defenses with the appropriate evidence, particularly when there is unreliable or conflicting witness testimony.

The success of any defense depends on strong legal counsel, early and thorough investigation and uncovering any evidence to create reasonable doubt about the accused’s intent to commit armed robbery.

Call To Action (CTA):

Armed or “aggravated” robbery is a serious charge that requires a serious defense. If you’ve been charged with armed robbery, you’ll need a strong defense that only an experienced criminal defense attorney can provide. Paul D. Cramm can help you as he’s helped numerous other clients in your situation.

If you want to learn more about defending an armed robbery charge, call us at (913) 322-3265 or schedule an initial consultation via our client contact page.