One of the most common things that I get asked is, what exactly is robbery? Robbery charges in Missouri can occur anytime someone uses force to steal from another. And what about all these other crimes that it could and with which it often can go hand-in-hand?
For instance, stealing is involved if you use force to steal from somebody else. If you go into the gas station with a gun and say, “Give me all the money!” and they give you the money, well, you stole the money, and you also entered an establishment of building and committed a crime using force. So robbery is one of those charges that we often see stacked with many other cases.
But the robbery charges in Missouri are usually the lead because it’s the most serious. Robbery in the first degree is an 85% crime in Missouri. So any term of years you get, you will serve 85% before you’re eligible for parole. It is very, very serious.
I’ve seen robberies like that gun example, but I’ve also seen situations where somebody was shoplifting at Hobby Lobby and walked out and pulled out an Exacto knife. The prosecutor charged robbery because the person was using a weapon to commit a crime.
If we’re dealing with a gas station robbery with a handgun, that’s different from that Exacto knife situation. And the results of those two things can be very, very different. For instance, with one, you might be looking at probation. The other, you’re looking at a very long time in the Department of Corrections.
So, it will be very fact-specific, and the sooner an attorney gets involved, the sooner we can start minimizing the damage. We can start looking at ways to get somebody out of custody. We can start looking at ways to get them back working, to make them a productive member of society. Because if an attorney comes in near the end of the case, in a trial situation? It is win big, lose big. But if we come in early, we might be able to start laying the groundwork that could potentially convince the judge not to send somebody to prison. And that’s something that we have to look at in every case.
ROBBERY – FIRST DEGREE FELONY STATUTE
570.023. Robbery in the first degree — penalty. —
1. A person commits the offense of robbery in the first degree if he or she forcibly steals property and in the course thereof he or she, or another participant in the offense:
(1) Causes serious physical injury to any person; or
(2) Is armed with a deadly weapon; or
(3) Uses or threatens the immediate use of a dangerous instrument against any person; or
(4) Displays or threatens the use of what appears to be a deadly weapon or dangerous instrument; or
(5) Steals any controlled substance from a pharmacy.
2. The offense of robbery in the first degree is a class A felony.
ROBBERY – SECOND DEGREE FELONY STATUTE
570.025. Robbery in the second degree — penalty. —
1. A person commits the offense of robbery in the second degree if he or she forcibly steals property and in the course thereof causes physical injury to another person.
2. The offense of robbery in the second degree is a class B felony.