If you were accused of robbery or aggravated robbery in Ohio, you need a criminal defense team to support you and devise a strategy to raise doubt of your guilt or persuade the prosecution to drop the charges against you.
The Criminal Defense Attorneys at Luftman, Heck & Associates have the knowledge and experience working with the Ohio Revised Code and law enforcement’s investigative methods to give you a fighting chance against robbery charges. For over a decade, the attorneys at LHA have represented clients on criminal offenses ranging from minor misdemeanors to first-degree felonies.
If you have questions about robbery defense or need the help of an experienced, competent attorney, call the Columbus criminal defense attorneys at Luftman, Heck & Associates at (614) 304-3403 or use our contact form.
What Is Robbery In Ohio?
According to the Ohio Revised Code, a robbery occurs when someone committing or attempting to commit a theft, or trying to flee right after a theft, does any of the following:
- Has a deadly weapon either on their person or under their control
- Inflicts, attempts to inflict, or threatens to inflict physical harm to someone else
- Uses or threatens the immediate use of force against someone else
What is Aggravated Robbery in Ohio?
Aggravated robbery is similar but carries a much heavier sentence if convicted. There are two ways a crime can be considered an aggravated robbery.
First, a crime might be considered aggravated robbery if, during a theft, or an attempted theft, or if trying to flee, the perpetrator does any of the following:
- Has a deadly weapon with them and are displaying it, brandishing it, indicating they have the weapon or that they will use the weapon
- Carrying dangerous ordnance (weapon) with them or under their control
- Inflicting or attempting to inflict serious physical harm on someone else
Second, a crime might also be considered aggravated robbery if someone tries to steal a deadly weapon from a police officer or prison guard if two conditions are met:
- The police officer or prison guard was acting within the scope of their duties when the theft happened
- The perpetrator is aware the person they’re stealing from is a police officer or prison guard
Penalties for Robbery Convictions in Columbus
In Ohio, robbery charges are felonies, meaning you may serve time in prison and pay a substantial fine if convicted. You could be sentenced to anywhere from a few months or years in prison, and even fines reaching tens of thousands of dollars.
This is a first-degree felony and is punishable by a prison term of three to 11 years and a fine from $10,000 to $20,000.
Robbery (with a deadly weapon or causing physical harm to someone in the process)
This is a second-degree felony and is punishable by a prison term of two to eight years, along with a fine of $7,500 to $15,000.
Robbery (using or threatening the use of force against someone)
This is a third-degree felony and is punishable by a prison term of nine months to three years, plus a fine of $5,000 to $10,000
If you’re convicted of robbery, you could face issues after you’ve served your time, including:
- Maintaining your current employment
- Licensure issues in some professions
- Difficulty getting a reliable job in the future
- Difficulty and possible denial in immigration and naturalization proceedings
Charged with Robbery? A Lawyer Can Help You
If you are convicted of robbery, it will be on your criminal background for the rest of your life. No matter your case’s circumstances, you risk being considered a serious and potentially violent criminal offender. Therefore, you must give your robbery charge the level of importance it deserves.
We’ll Start with Obtaining A Bond
The experienced Columbus robbery attorneys take a two-pronged approach to all robbery cases. First and foremost, you will need a bond. Generally, you will be arrested when charged with robbery. If not, the charge(s) will be filed as a warrant, and you will have to turn yourself in or risk further criminal charges. We will represent you at your initial bond hearing and look to secure a favorable bond and your release from jail.
We Will Investigate Your Robbery Case
After that, we will determine what mistakes the police or detectives made in their investigation, whether the prosecuting witness is fabricating the charges, and what other legal issues can be raised on your behalf.
We do this by requesting discovery from the prosecutor and interviewing witnesses. The discovery will generally consist of police reports, additional investigative notes, pictures, and recorded interviews. As our client, you will receive a copy of everything received from the prosecutor for your review.
Common Defenses against Robbery Charges in Ohio
After looking at the evidence in your case, your attorney will work on a defense strategy to prove your innocence or raise questions about the proof against you. There are several ways to defend against robbery charges, some of which include:
- Lack of Intent — Prosecutors have the burden of proving you intended to commit theft against the alleged victim. If this can’t be proven, you may receive a favorable outcome.
- Intoxication — If you can prove that you were intoxicated against your will during the crime,
you may use it as a defense. However, if you were drinking of your own volition, Ohio generally
does not accept it as a defense.
- Entrapment — If you can prove you were forced into the robbery by the victim to paint you in a bad light, you may have a case against the charges.
- Duress — If you can prove you were forced to commit robbery by someone threatening your person or life, you may have a defense against your charges.
- No knowledge of a weapon — The prosecution will have to prove you had a deadly weapon on your person at the time of the alleged crime and that you knew about it.
- Alibi — This is a common defense and one of the best against robbery; providing investigators with a corroborated alibi to place you away from the scene can help you get charges dismissed.
Negotiating your case
Based on the legal weaknesses in the State of Ohio’s case and any other mitigating factors, we will negotiate the best possible plea available with the prosecutor for you to consider in resolving your case.
If your case cannot be resolved satisfactorily with a plea, it would proceed to a motion hearing (a hearing where the judge issues a ruling on an evidentiary issue) or a trial to the judge or jury, depending on the circumstances.
Talk to a Columbus Criminal Defense Lawyer Today
For nearly ten years, the experienced Columbus robbery attorneys have successfully represented clients on criminal offenses ranging from minor misdemeanors to first-degree felonies. That extensive previous experience will enable us to help you better.
If you’ve been charged with robbery or aggravated robbery, it’s essential to know what you’re up against. If you have questions or need a competent, experienced robbery attorney to fight for you in court, please call Luftman, Heck & Associates at (614) 304-3403 or fill out our contact form.