“Aggravated Robbery” – Colorado Law – CRS § 18-4-302

Under Colorado Revised Statutes § 18-4-302, aggravated robbery is robbery involving a deadly weapon. This includes not only guns and knives but also any object that can be used to seriously injure someone.

Aggravated robbery is a class 3 felony in Colorado. The following table summarizes the penalties.

• 1. Elements
• 2. Deadly Weapons
• 3. Penalties
• 4. Defenses
• 5. Related Offenses
• Additional Reading

1. Elements

Aggravated robbery is typically considered “armed robbery.” For you to be convicted of aggravated robbery under CRS § 18-4-302, prosecutors must prove beyond a reasonable doubt that you used force, threats, or intimidation to steal something from someone (or in their presence) and either:

• You had a deadly weapon and the intent, if resisted, to kill, maim, or wound the person robbed; or
• You knowingly wounded or struck another person with a deadly weapon; or
• You used the deadly weapon to put another person in reasonable fear of death or bodily harm; or
• You represented that you were armed with a deadly weapon.¹

Even if you were unarmed, you may still be convicted of aggravated robbery if your accomplice was armed.

The following graphic shows when robbery is prosecuted as “aggravated robbery” in Colorado:

In short, aggravated robbery requires the use or threat of a deadly weapon while simple robbery cases do not.²

Example: Frank runs and snatches a purse from Fiona while she is shopping in downtown Denver. Frank can be convicted of robbery because he used force to take an item from another person. He did not use a weapon, so he would not be charged with aggravated robbery.

Example: Claire pulls a shotgun on Jonathan, who has just pulled out money from an ATM. She points the gun at him and threatens to shoot him if he does not give her the money. Claire can be charged with aggravated robbery because she used a deadly weapon to commit a robbery – which is an aggravating factor.

2. Deadly Weapons

Under Colorado law, deadly weapons comprise:

• firearms, whether loaded or unloaded,
• knives,
• bludgeons, or
• any other weapon or material, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.³

Therefore, nearly anything could qualify as a deadly weapon depending on how it is used. Common examples include:

• hammers,
• grenades,
• metal pipes,
• screwdrivers,
• acid,
• baseball bats, or
• cars or other motor vehicles.

What if I lied about having a deadly weapon?

Even if you did not have a deadly weapon during the robbery, you can still be convicted of aggravated robbery in Colorado if either:

• You stated you possessed a deadly weapon, or
• You used an object that looks like a deadly weapon.⁴

Example: Dean approaches Sam while Sam is getting into his car after work. Dean has his finger in his pocket, pointing out in the shape of a gun to make it look like he is armed. Dean threatens to shoot Sam with his “gun” if Sam refuses to hand over his briefcase. Even though Dean never actually had a gun, he will still be charged with aggravated robbery.

3. Penalties

Aggravated robbery is a class 3 felony in Colorado as well as an extraordinary risk crime. The punishment is 10 to 32 years in prison if during the robbery – or while fleeing from it – you knowingly:

• wounded or struck a person with a deadly weapon or
• used force, threats, or intimidation to place a person in reasonable fear of death or bodily injury.

Otherwise, the prison sentence would be four to 16 years.

In addition to prison, you face five years of mandatory parole and fines of $3,000 to $750,000.⁵ Plus, a conviction remains on your criminal record forever: It cannot be sealed.

4. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with aggravated robbery. In our experience, the following four defenses can get the charge reduced to simple robbery, larceny, or dismissed altogether.

1. You did not use or possess a deadly weapon during the incident; or
2. You never claimed to have a deadly weapon during the incident; or
3. You stole, but you used no threats, force, or intimidation; or
4. You never committed a robbery, and you are being falsely accused.

5. Related Offenses

• Simple robbery (CRS 18-4-301)
• Burglary (CRS 18-4-201)
• Possession of burglary tools (CRS 18-4-205)
• Petty theft offense (CRS 18-4-401)
• Misdemeanor theft (CRS 18-4-401)
• Felony theft (CRS 18-4-401)

CRS § 18-4-302 is the Colorado code section that defines the offense of Aggravated Robbery.

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.
• Gender and Robbery: A National Test – Deviant Behavior.
• Threats, Blackmail, Extortion and Robbery and Other Bad Things – Tulsa Law Journal.
• Store Robbery Policies — Their Coverage and Construction – Insurance Law Journal.
• Economic Analysis of Threats and Their Illegality: Blackmail, Extortion, and Robbery – University of Pennsylvania Law Review.

Legal References: