How Robbery Charges Differ from Theft in Washington

You are facing robbery charges. You are understandably upset and worried about what this may mean for your future, both immediate and long-term. Your family may be upset with you. You are upset with yourself for getting into this situation. You may feel all alone. You do not need to be, and, in fact, you should not be. You need a defense attorney on your side.

While theft involves the alleged taking of property, robbery involves the same but by means of force. Robbery is a violent crime and often leads to far more severe penalties, including more time in prison. How we defend you against these charges will depend on the facts of the case. Many robbery charges are the result of misunderstandings or outright lies from alleged “victims.” Your attorney should help you determine the most effective defense tactics for your case.

Get a confidential case review from our Washington criminal defense attorneys by calling the Law Offices of Smith & White at (253) 203-1645.

How Robbery Charges May Apply in Washington

Theft, in and of itself, is a serious charge. But robbery gets even more serious. It is like being charged with theft and a violent crime at the same time.

Second Degree

Robbery has two possible degrees under which you could be charged. Second-degree robbery is charged when you are accused of taking property from someone else by threatening them harm or intimidating them. This is a Class B felony and has penalties of up to 10 years in prison and a fine of up to $20,000. That is serious enough, but a first-degree is even more serious.

Second-degree robbery is somewhat of a catchall charge. All robberies may be robbery in the second degree if they do not meet the criteria of robbery in the first degree.

First Degree

First-degree robbery is charged in the event of four possible situations: you were armed, or you showed a weapon, or the victim suffered bodily harm, or the robbery was done at a bank or financial institution.

Of course, any combination of these suspected scenarios would also lead to a first-degree robbery charge. This is classified as a class A felony, which is on the same level as murder in the first degree; you could be facing life in prison and a fine of up to $50,000. That is the bad news and is why you want and need a defense attorney on your side.

While the presence of a gun or deadly weapon will warrant first-degree robbery charges, you do not need a gun to be charged this way. Inflicting bodily injury during a robbery without the presence of a firearm would still constitute first-degree robbery.

How Do I Fight Robbery Charges in Washington?

Robbery is a severe criminal charge that is often on par with other serious violent crimes, like homicide or aggravated assault. The good news is that there are options for defense.

Misunderstandings

Many instances of supposed robberies are the result of unfortunate misunderstandings by law enforcement. In such cases, it is crucial that you get a lawyer who can help you explain the truth and prove it. Doing so may help us get your charged dropped quickly.

Perhaps you got into a scuffle with a neighbor over who owned a piece of property, and in the fight, you hurt your neighbor, even though you had no intention to do so. Considering what the fight was over, you may have taken the property in question. Then the neighbor called the police.

You have the property, your neighbor is the one who is hurt, and they are the one who made the call. Police are people just like everybody else, and they can make mistakes. Perhaps it was your neighbor who looked more sympathetic, and you were the one who looked guilty. Other laws would possibly apply because he got hurt, but that situation may be able to be reduced from a robbery charge to a lesser charge, especially if it turns out that the disputed property was indeed yours.

Petty Theft Gone Wrong

Theft is often a minor offense that leads to far less serious charges. Small theft crimes, such as shoplifting or taking property of minimal value, may be considered something like petty theft, but even these minor offenses could lead to robbery charges if things go awry.

Did you shoplift and push someone like a security guard out of the way as you were fleeing? It has been known to happen that this gets charged as a robbery since it is claimed that you used your fists or body as a weapon. However, when surveillance tape is scrutinized, it can be argued that there was no intention of harming or even trying to harm anyone – it was just a case of circumstances getting out of control.

Shoplifting is illegal, so other charges may apply, and the chance for a reduction in charges is good. Imagine the relief when that happens.

False Accusations

Perhaps you have been falsely accused? This, of course, has definitely happened. Imagine being a shop or home owner and getting robbed. It is a high-stress situation. Usually, the victim is not thinking completely clearly. Then they either saw you or a picture of you, and you looked enough like the thief for them to fully believe it was you. You may not even have been aware of the robbery at all until a police car showed up at your place.

Alternatively, someone might falsely accuse you on purpose, knowing that you did not commit any crime, but they want to cause trouble for you. If you believe the alleged victim has any reason to lie about you, talk to your lawyer immediately.

This is a truly scary situation, especially if you have a past record, which does not make the police sympathetic to your story or even inclined to believe you. You know you are innocent, but you are being treated like a criminal!

You definitely need a defense attorney. Our Tacoma, WA criminal defense attorneys will examine the case and show how the prosecution has failed to prove your guilt. This is not an exhaustive list – we will examine every possible angle to get you the best result possible.

FAQs About Robbery and Theft Charges in Washington State

How is Robbery Different from Theft?

While robbery and theft both involve stealing property, the way they are committed is the key distinction between them. Theft involves stealing property or services, but not necessarily from someone’s person or by violent means. Robbery is theft by force or threats of force and is considered a violent crime.

Is Robbery a More Serious Criminal Charge Than Theft?

Generally, yes. While theft offenses can be charged as serious felonies, robbery is also a felony. On top of that, robbery is a violent crime. The presence of violence in the crime often leads to more severe penalties under the sentencing guidelines.

How Do I Fight Robbery Charges in Washington State?

Fighting robbery charges may be done in different ways depending on your specific situation. We may dispute the violent elements of the crime. If you did not use force or threaten force, it may be difficult for the prosecutor to prove robbery, and we might be able to get your charges reduced to lesser theft offenses. We might instead dispute ownership of the property. Even if violence was present, you cannot be criminally charged for taking back your own property, but you might face other charges if violence was indeed present.

Can I Get My Robbery Charges Reduced to Theft Charges?

Possibly. Theft is an inherent part of robbery, but robbery contains additional elements, such as force, threats of force, and taking the property directly from someone’s person. If prosecutors are unable to provide enough evidence to prove these additional elements beyond a reasonable doubt, we may convince them to reduce the charges to lesser theft offenses.

Should I Hire a Lawyer if I am Charged with Robbery in Washington State?

Yes. Robbery is an incredibly serious offense and is almost always charged as a serious felony. You may be facing many years in prison if convicted. You should hire an experienced defense lawyer as soon as possible. If you have not yet hired one by the time of your first court date, tell the judge. They may give you more time to contact a lawyer for help.

Do I Have to Have a Firearm to Be Charged with Robbery?

You do not have to have a firearm on you when you allegedly commit the robbery to be charged with robbery. However, this is a somewhat common misconception, as many people associate robbery with guns and firearms. You may use some other weapon or no weapon at all and still be charged. The presence of a firearm would likely lead to a harsher sentence if you were convicted.

Contact Our Washington Criminal Defense Attorneys to Discuss Your Robbery Charges

Get a confidential case review from our Lakewood, WA criminal defense attorneys by calling the Law Offices of Smith & White at (253) 203-1645.