“Robbery” – Laws, Penalties & Defenses in Colorado

Colorado Revised Statute § 18-4-301 defines robbery as when someone “knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation.” Under CRS 18-4-302, aggravated robbery charges apply when a deadly weapon was involved (or the use of one was threatened).

The following table spells out the punishments for robbery in Colorado.

To help you better understand the law, our Denver Colorado criminal defense lawyers discuss the following robbery topics:

• 1. Elements
• 2. Penalties
• 3. Defenses
• Additional Reading

1. Elements

For you to be convicted of robbery in Colorado, prosecutors must prove beyond a reasonable doubt that you:

1. knowingly took something of value
2. from the person or presence of another person
3. by the use of force, threats, or intimidation.¹

In short, your force, threats, or intimidation is the reason the victim could not retain control over the property.²

Note that if the property was yours, or you were taking it to return it to the rightful owner, you are not guilty of robbery.³

Aggravated Robbery

Robbery rises to aggravated robbery in Colorado if, at any time during the robbery (or while fleeing from it):

• You or an accomplice is armed with a deadly weapon with intent, if resisted, to kill or wound;
• You or an accomplice knowingly wounds or strikes another person with a deadly weapon or, by the use of force, threats, or intimidation with a deadly weapon, knowingly puts someone in reasonable fear of death or bodily injury; or
• You represent that you are armed with a deadly weapon, or you possess any article that could lead someone present reasonably to believe it to be a deadly weapon.

2. Penalties

In Colorado, simple robbery is a class 4 felony, carrying:

• 2 to 6 years in prison (with 3 years mandatory parole) and/or
• $2,000 to $500,000.

However, if the victim was at least 70 years old or was disabled, the prison term is four to 12 years with five years of mandatory parole.

Aggravated Robbery

Aggravated robbery is a class 3 felony as well as an extraordinary risk crime in Colorado. Consequences include:

• 4 to 16 years in prison (with 5 years mandatory parole) and
• $3,000 to $750,000.

The prison term becomes 10 to 32 years if during the robbery (or while fleeing from it):

• You used or threatened the use of a deadly weapon, or
• Anyone was seriously injured.

3. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with robbery. In our experience, the following eight defenses have proven very effective with prosecutors, judges, and juries.

1. You were the victim of mistaken identification. All the time we see frazzled victims pick the wrong person out of a line-up at the police station, especially if the suspect wore a mask.
2. The property was yours and being wrongfully withheld from you. In these cases, we rely on receipts, titles, and other documents to show that the property in question was yours.
3. You did not know that the property was not yours. Perhaps there are text messages, emails, or other evidence that would cause any reasonable person to believe that the property in question belonged to you.
4. You did not have a deadly weapon. This defense could get an aggravated robbery charge reduced to simple battery.
5. You had a deadly weapon but no intention of using it. This can be an effective defense because prosecutors have no way of getting inside of your head and being sure of what your intentions were.
6. You did not use force, threats or intimidation. In these cases, we rely on video surveillance and eyewitness accounts.
7. Your theft of the items was opportunistic (that is, you were not there for the purpose of stealing the items). Here, you could still face related charges such as for menacing.
8. The police found the evidence against you during an illegal search and seizure. Here we would ask the court to suppress the unlawfully-obtained evidence; if the court agrees, the D.A. may be forced to drop your case for lack of proof.

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• Robbery, Recidivism, and the Limits of the Criminal Justice System – Marquette Law Review.
• Federal Sentencing: The Need for a New Test for the Abduction Enhancement in the Context of Robbery – West Virginia Law Review.
• Criminal Law – Taking and Force: A Time Dependent Relationship in Establishing Robbery – Suffolk University Law Review.
• Robbery – Mental Element at Time of Force or Putting in Fear – Dickinson Law Review.
• Evaluation of a victim’s response to an attempted robbery: The effect of victim gender – Legal and Criminology Psychology.

Legal References: