Robbery In Washington
ROBBERY
Definition of Robbery
Because Robbery is a crime with multiple offenses that slightly differ in their definitions and requirements, it is important to first understand the definition of a Robbery. With any crime, the prosecutor must prove every element of that crime beyond a reasonable doubt. The below definition outlines what each element is that must be proven.
RCW 9A.56.190 defines Robbery as follows:
Unlawfully taking personal property
Either:
From their (or another’s) person; or
In their presence against their will by
use or threat of immediate force,
violence, or
fear of injury to the person, their property or the person or property of anyone.
What level of force?
According to RCW 9A.56.190 degree of the force does not matter, therefore it can be very minimal. The force or fear must be used to:
Obtain or retain possession of the property
Or prevent or overcome resistance to the taking
In fact, according to the law the person this force was used against does not even have to be aware of that force, if their knowledge of it was prevented because of the force or fear used. This differs from an Assault, which requires the person to have fear or apprehension.
Two Degrees of Seriousness
In Washington some crimes have multiple degrees of seriousness, and this is one such charge. Robbery has two degrees of seriousness, with First Degree being the most serious. Both are discussed below.
ROBBERY IN THE SECOND DEGREE
Definition of Robbery in the Second Degree
RCW 9A.56.210 defines Robbery in the Second Degree as simply committing a Robbery by the above definition of what a Robbery is. It is a Class B felony.
Potential Outcomes for a charge of Robbery in the Second Degree
As a felony, this charge can carry serious consequences. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us here.
Potential punishments for a conviction for a Class B felony range as follows:
0-10 years of jail or prison time (this may vary dependent upon your offender score, history, and charges)
Fines of $0-$20,000
Probation or DOC Supervision if you serve time in the Department of Corrections.
Restitution
Classes or Treatment
Prohibition of Possessing Firearms
A No Contact Order with the alleged victim
ROBBERY IN THE FIRST DEGREE
Definition of Robbery in the First Degree
Under RCW 9A.56.200, this offense can be charged when a person is accused of doing the following:
In the commission of a Robbery as defined above doing any of the following:
This charge is a Class A felony.
Potential Outcomes for a charge of Robbery in the First Degree
This charge is a Class A felony, the most serious classification of charges Washington has and therefore can have severe consequences if convicted. This is also a “strike” offense, and your third strike conviction can put you in prison for life. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Class A felonies are serious offenses that require serious defense. To find out what might be possible in your case, you can schedule a free consultation here.
Potential punishments for a conviction for a Class A felony range as follows:
0-life prison (this may vary dependent upon your offender score, history, and charges)
Fines of $0-$50,000
Probation or DOC Supervision if you serve time in the Department of Corrections.
Restitution
Classes or Treatment
Prohibition of Possessing Firearms
A No Contact Order with the alleged victim
WHAT CAN YOU DO ABOUT A ROBBERY CHARGE?
What should I do if I am accused of Robbery?
If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.
What should I do if I am charged with Robbery?
If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges, especially when you are facing a felony or even a strike like this charge can be. Read more about what to do if you have been arrested here, or charged with a crime here.
Can I get my case dismissed?
The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. We can walk you through what options are possible in your case.
