Oct 16
What Is The Difference Between First And Second Degree Robbery?
by Lewis & Laws
Know your rights in Washington State if you have been arrested for robbery.
Robbery isn’t just considered a theft crime; it is a theft crime with an added factor of violence which makes it a much more serious offense and it is because of the violence factor that robbery is punished far more severely than a theft offense. A robbery occurs when a person forcibly takes another person’s property by threatening to use or using a weapon. Penalties for armed robbery can carry a sentence of up to life in prison and fines reaching $50,000.
In Washington State, the official definition of robbery is,
“A person commits robbery when he or she unlawfully takes personal property from the person of another or in his or her presence against his or her will by the use or threatened use of immediate force, violence, or fear of injury to that person or his or her property or the person or property of anyone. Such force or fear must be used to obtain or retain possession of the property, or to prevent or overcome resistance to the taking; in either of which cases the degree of force is immaterial. Such taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.” RCW 9A.56.190
This means that you can only be charged with the crime of robbery if you have used or threatened to use force, violence or fear of injury in order to take another person's property. Depending on the circumstances surrounding the theft, you can either be charged with robbery in the first or second degree. While robbery in any form is a felony offense, the penalties will vary depending on the severity of the charges.
What is Robbery in the First Degree in Washington State?
Robbery in the first degree is a Class A felony. In Washington, punishment for a Class A felony such as armed robbery can vary according to the person’s past criminal record. If it is a first-time offense, and there is no other criminal history, the penalty may be reduced. Repeat offenders can get 15 years in prison or because of Washington State’s three strikes law, if it is your third strike, you could be facing life imprisonment. Fines can range up to $50,000.
What is Robbery in the Second Degree in Washington State?
Robbery in the second degree is a Class B felony. A person is guilty of robbery in the second degree if he or she commits robbery. While penalties can vary significantly, a Class B felony typically carries up to 10 years in prison and $20,000 in fines.
What Are the Defense Strategies for Robbery In Washington State?
The laws governing robbery offenses are exceptionally serious. Given the severity of the potential penalties faced if you are convicted, it is vital to hire an attorney that can you’re your defense strategy. Some of the defense strategies can include:
- There was a lack of intention to take or keep the property, meaning you had no intention of taking or keeping possession of the property and were using intimidation or force for another reason.
- There was no fear or force involved. It must be substantial psychological or physical force applied, not just incidental.
- There was a false accusation made or a case of mistaken identity. It could be that you are being framed, are the victim of a setup or of mistaken identity.
- Plea bargaining to a lesser charge depending on past criminal offenses.
- Filing motions, challenging evidence and witness testimony.
I've Been Arrested, Should I Hire a Lawyer?
Absolutely! An experienced criminal defense lawyer can advise you of your defenses, your rights and represent you in court.
If You Have Been Arrested for Robbery in Seattle, Contact the Experienced Criminal Defense Lawyers at Baker, Lewis, Schwisow & Laws
The expert defense team at Baker, Lewis, Schwisow & Laws, PLLC vigorously defend the rights of individuals facing a multitude of charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review!