Robbery in PA (Maximums and Defenses)

Robbery in Pa is a serious felony offense. A conviction for the crime is like a diamond, it lasts forever. You have to be extremely careful with who you pick to handle this case because picking wrong can ruin your life. When people ask “Who is the best robbery attorney near me?” The people have spoken, it’s The McShane Firm

 

robbery

The Law

You can read the exact wording of the law here: § 3701.  Robbery.

In essence, and over simplified, robbery is a threat plus either use of force or a threat of use of force. But let’s look over what the government has to prove in finer detail.

When selecting which attorney to hire, please consider:

  • Can you call anytime and talk to a live person?
  • Do they offer payment plans with no credit checks?
  • Will your attorney be attentive and explain what’s going on?

At The McShane Firm, we answer yes to all of these questions. We strive to provide you with a great customer service experience during this tough time.

What the government has to prove:

It is vital to remember what too many prosecutors and even defense attorneys forget. You are presumed to be innocent. Being charged with a crime is not evidence of guilt. You have no burden to prove yourself innocent. And you should not accept the job of trying to prove yourself innocent. Innocent is how you start and what you remain unless the government can prove beyond a reasonable doubt the following:

  1. The accused
  2. in the course of committing a theft, he:

(i)  inflicts serious bodily injury upon another;

(ii)  threatens another with or intentionally puts him in fear of immediate serious bodily injury;

(iii)  commits or threatens immediately to commit any felony of the first or second degree;

(iv)  inflicts bodily injury upon another or threatens another with or intentionally puts him in fear of immediate bodily injury;

(v)  physically takes or removes property from the person of another by force however slight; or

(vi)  takes or removes the money of a financial institution without the permission of the financial institution by making a demand of an employee of the financial institution orally or in writing with the intent to deprive the financial institution thereof.

What does “in the course of committing a theft” mean?

Per the law “in the course of committing a theft” means that the events occur in an attempt to commit theft or in flight after the attempt or commission. So even if you finish the act of stealing (the theft), if the threat of force or use of force happens on the escape, then it becomes a robbery. This typically happens in a retail theft situation when someone security confronts a thief. If the person, after being confronted, shoves the clerk or loss prevention to merely get away, that conduct elevates the retail theft (which is usually a misdemeanor) to a felony.

What is The McShane Difference?

  • We take time to understand your personal needs and goals. Then we cater our legal strategy to fit you.
  • We care about you. We listen and return phone calls. We will take time to explain things so you are not left anxious in the dark.
  • We will make this as easy as possible. We will try to minimize the number of times you have to be in court which means less disruption of your work and family life.

Does this sound like what you are looking for in an attorney? If yes, then take the next step and call (717) 657-3900.

What is “serious bodily injury” and “bodily injury”?

“Serious bodily injury” (SBI) and “bodily injury” (BI) are sort of amorphous concepts. There are some things that clearly meet the definition of BI, but not BI. In all cases, the government must prove the element of either BI or SBI beyond a reasonable doubt. The grey area of what is or is not SBI or what is or is not BI is up to the jury.

Here is the technical legal definition of Serious Bodily Injury in PA:  It is “[b]odily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”

The technical legal definition of Bodily Injury in PA is as follows: “Impairment of physical condition or substantial pain.”

Maximum Penalties

In addition to your instant concerns about jail and fines, you need to also consider everything you lose with Felony Conviction Consequences in Pennsylvania

Felony of the second degree Robbery

If the theft occurs where the accused:

(iv)  inflicts bodily injury upon another or threatens another with or intentionally puts him in fear of immediate bodily injury; or

(vi)  takes or removes the money of a financial institution without the permission of the financial institution by making a demand of an employee of the financial institution orally or in writing with the intent to deprive the financial institution thereof.

The crime is a felony of the second degree in PA. As such, the maximum period of incarceration is 10 years and a fine not to exceed $25,000.00

Felony of the third degree Robbery

If the theft occurs where the accused:

(v)  physically takes or removes property from the person of another by force however slight

It is a felony of the third degree in PA. All F3s in PA carry a maximum term of prison not to exceed 7 years and a fine not greater than $15,000.

Our Clients are entitled to a Bill of Rights which states:

  • Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
  • Our clients have the right to expect plain speaking, straight shooting. No B. S.
  • Our clients have the right to expect us to do it right the first time, every time.
  • Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
  • Our clients have the right to expect that they will be fully informed at all times.

This is our promise to you. Call today to get us on your side: (717) 657-3900.

Felony of the first degree Robbery

If the theft occurs where the accused:

(i)  inflicts serious bodily injury upon another; or

(ii)  threatens another with or intentionally puts him in fear of immediate serious bodily injury; or

(iii)  commits or threatens immediately to commit any felony of the first or second degree;

It is a felony of the first degree in PA. All F1s in PA carry a maximum term of prison not to exceed 20 years and a fine not greater than $25,000.

Note:

In the actual law, you will find the following sentencing enhancement that changes the maximum sentence:

(2)  If the object of a robbery under paragraph (1) is a controlled substance or designer drug as those terms are defined in section 2 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, robbery is a felony of the first degree.

However, this increase in the maximum sentence because of robbing drugs is presumptively unconstitutional because the element that triggers the enhancement is not an element put to the jury to be proven beyond a reasonable doubt. Most attorneys are not aware of this nuance. It costs hundreds of folks thousands of years combined in jail illegally.