Aggravated robbery is one of the most serious criminal charges a person can face in Colorado. Unlike simple theft or robbery, aggravated robbery involves the use of force, threats, or a weapon, which can drastically increase the severity of the crime. The consequences of a conviction for aggravated robbery are severe and life-changing. In Colorado, the law takes this crime very seriously, and those convicted can expect harsh penalties that could impact their future, their freedom, and their ability to lead a normal life.
To understand the legal consequences of an aggravated robbery conviction in Colorado, it is important to look at what aggravated robbery is, how it differs from other crimes, and what penalties come with a conviction. Knowing what you are facing can help you prepare a strong defense and better understand your legal rights. At, Law Firm of Mark S. Hanchey , we are here to guide you through the legal process and help you navigate the complexities of your case.
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Free Consultation Download PDFWhat Is Aggravated Robbery in Colorado?
In Colorado, robbery involves taking something of value from someone else by using force, intimidation, or threats. However, when the crime escalates to aggravated robbery, it means that the person committing the robbery has made the situation even more dangerous. Aggravated robbery typically involves the use of a deadly weapon, such as a gun or a knife, or the threat to use such a weapon. It can also involve situations where the robber causes injury or threatens injury to the victim.
There are specific factors that elevate a robbery to an aggravated robbery charge. These factors include using a weapon or claiming to have one, causing bodily harm to another person during the robbery, or robbing someone who is considered a vulnerable person, like an elderly individual or a disabled person. The threat of violence plays a key role in turning a simple robbery into an aggravated robbery.
Because of the increased danger and potential harm to victims, Colorado law punishes aggravated robbery much more severely than simple robbery. If someone is charged with aggravated robbery, they are looking at significant legal consequences that can last for years.
The Difference Between Robbery and Aggravated Robbery
It is important to understand the distinction between robbery and aggravated robbery. While both crimes involve taking property from someone, aggravated robbery adds elements that make it far more serious. Regular robbery, or simple robbery, occurs when a person steals something by using intimidation or minor force. For example, snatching a purse from someone’s hands or using a threatening tone of voice might result in a simple robbery charge.
Aggravated robbery, on the other hand, includes additional factors like using a weapon or causing fear of serious injury. Even if the robber does not actually have a weapon but claims to have one, this can still be considered aggravated robbery. The crime becomes aggravated when there is a direct threat to a person’s safety, which is why the consequences are so much more severe.
Penalties for Aggravated Robbery in Colorado
Aggravated robbery in Colorado is classified as a felony offense, and the penalties are extremely harsh. A person convicted of aggravated robbery can expect to face years of imprisonment, along with other serious consequences. The exact penalties depend on the specific details of the case, but aggravated robbery is considered a class three felony in Colorado, which carries a mandatory prison sentence.
If convicted of aggravated robbery, the minimum prison sentence is 10 years, and this sentence can increase depending on the circumstances of the case. For example, if a deadly weapon was used or someone was injured during the robbery, the sentence could be longer. In some cases, a person may face up to 32 years in prison for aggravated robbery.
In addition to prison time, a conviction for aggravated robbery comes with other penalties, including hefty fines and probation. The court may also order the convicted person to pay restitution to the victims, which means compensating them for any losses they suffered because of the robbery. A convicted person may also lose certain rights, such as the right to vote or the right to own a firearm.
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Aggravated Robbery and Colorado’s Violent Crimes Statute
Because aggravated robbery involves the use or threat of violence, it falls under Colorado’s violent crimes statute. This means that those convicted of this crime are subject to even stricter penalties than other crimes. Colorado’s violent crimes statute imposes mandatory prison sentences for violent offenders, and the length of the sentence cannot be reduced through parole or early release in most cases. This law is designed to ensure that those who commit violent crimes, including aggravated robbery, serve their full sentence without getting out early for good behavior.
Under the violent crimes statute, the judge must impose a mandatory sentence for aggravated robbery. This can make it difficult for a defendant to negotiate a lesser sentence, and it places limitations on the court’s ability to offer a reduced punishment. Because of these strict guidelines, it is crucial for anyone facing aggravated robbery charges to understand the seriousness of the situation.
Long-Term Consequences of an Aggravated Robbery Conviction
The consequences of an aggravated robbery conviction go far beyond prison time and fines. Even after a person has served their sentence, they may face lasting challenges that impact their life for many years. A felony conviction stays on a person’s criminal record permanently, which means that it will show up during background checks when applying for jobs, housing, or loans. This can make it extremely difficult for someone with a felony conviction to find employment or secure a place to live.
In addition to the challenges of having a criminal record, a felony conviction for aggravated robbery can result in the loss of certain civil rights. In Colorado, convicted felons are not allowed to vote while they are serving their prison sentence, and they are permanently barred from owning or possessing firearms. This can have a significant impact on a person’s ability to fully reintegrate into society after serving their sentence.
For immigrants living in the United States, an aggravated robbery conviction can lead to serious immigration consequences, including deportation. The federal government views violent felonies, such as aggravated robbery, as grounds for deportation, even if the person has lived in the United States for many years or has family ties in the country. A conviction for aggravated robbery can also make it difficult to re-enter the country after leaving.
Defending Against an Aggravated Robbery Charge
Given the severe consequences of an aggravated robbery conviction, it is essential for anyone charged with this crime to seek legal representation as soon as possible. Building a strong defense is the best way to avoid the harsh penalties that come with a conviction. There are several defenses that may be used in an aggravated robbery case, depending on the circumstances.
One possible defense is to argue that the accused did not actually commit the robbery. If there is evidence that the defendant was not present at the scene of the crime or did not participate in the robbery, this can be used to prove their innocence. In some cases, mistaken identity can play a role, especially if the defendant was misidentified by a witness.
Another defense may be to challenge the evidence presented by the prosecution. If the evidence is weak or was obtained unlawfully, it may be possible to have the charges reduced or dismissed. For example, if law enforcement violated the defendant’s rights during the investigation, this could be grounds for excluding certain evidence from the trial.
In other cases, the defense may focus on proving that the robbery was not aggravated. For instance, if the accused did not actually use a weapon or threaten to use one, the charges may be reduced to simple robbery. This can significantly reduce the penalties and provide a better outcome for the defendant.
The Importance of Legal Representation
Facing an aggravated robbery charge in Colorado is a daunting experience, and the stakes are incredibly high. Without the right legal representation, the chances of receiving a harsh sentence are much greater. Having a knowledgeable attorney by your side can make a significant difference in the outcome of your case.
An experienced lawyer will work to protect your rights, challenge the prosecution’s evidence, and build a strong defense on your behalf. They will also help you understand the legal process, including what to expect in court and how to prepare for trial. By working with an attorney, you can increase your chances of achieving a more favorable result in your case, whether that means having the charges reduced or avoiding a conviction altogether.
If you or someone you know is facing aggravated robbery charges in Colorado, it is crucial to seek legal assistance immediately. The legal consequences of a conviction are life-changing, and you need a strong defense to protect your future. Contact the Law Firm of Mark S. Hanchey to discuss your case and learn how we can help you navigate the legal process and fight for your rights. Our team is dedicated to providing the legal support you need during this challenging time.