Indiana’s Robbery Laws
Under Indiana law, robbery is committed when you knowingly or intentionally take someone else’s property from them. This can be confused with theft.
However, to be elevated to the charge of robbery, the act must generally be committed while using:
- Threatened force
- Fear tactics on the alleged victim
If you’ve been accused of robbery in Indianapolis or the surrounding counties of Tippecanoe or Madison, book your free consultation at the Law Office of B.D. Williams by contacting us online or calling (317) 500-4857.
What Is The Difference Between Robbery And Burglary?
While each state has its own definitions of robbery and burglary, the general difference is that robbery is conducted through the use of threat or force, while burglary is conducted without these forms of confrontation. For example, Indiana Code 35-43-2-1 defines burglary as the breaking and entering of a building or structure with the intent to commit a felony or theft. Indiana Code 35-42-5-1 defines robbery as taking property from another person by threatening the use of force or by putting that person in fear. Theft can occur without the victim being present or being threatened with force or fear tactics.
Indiana Robbery Penalties
If you are convicted of robbery, under Indiana’s robbery statute, you may face penalties for the robbery that include prison time and steep fines. The punishments for robbery include:
- Level 5 felony robbery: This is charged as a Level 5 felony. A conviction on this charge could result in one to six years in prison (the advisory sentence is three years) and a fine of up to $10,000.
- Level 4 felony robbery: This occurs when you knowingly take a controlled substance from a pharmacist or a pharmacy by using force, making threats or instilling fear in the alleged victim. Conviction of a Level 4 felony robbery carries with it a prison sentence of two to 12 years (with an advisory sentence of six years) and up to $10,000 in fines.
- Level 3 felony robbery: A Level 3 felony involves bodily injury, while a Level 2 felony involves “serious” bodily injury. The penalties for a Level 3 felony include three to 16 years of imprisonment with an advised sentence of nine years. You can also be fined up to $10,000.
- Level 2 felony robbery: If you used a deadly weapon or if you caused serious bodily injury to the alleged victim during the robbery, then the charge can be raised to a Level 2 felony. The penalty for a Level 2 felony includes 10 to 30 years in prison with an advisory sentence of 17 1/2 years. You may also be fined up to $10,000.
Note: Advisory sentences are guidelines for judges to use when imposing robbery sentences.
How To Get Robbery Charges Dropped
There are several robbery defenses that can be used to either have the charges against you dropped or reduced. In order to have armed or unarmed robbery charges dropped or reduced, you can argue the following:
- There is insufficient evidence to support the charges against you. If this is true, then the prosecution must drop the charges against you..
- You were arrested without probable cause.
- There are insufficient witnesses to the event.
- You were arrested after an illegal stop or search by law enforcement; evidence found during an illegal stop or search is inadmissible in court.
Even if you are unable to have the case against you dropped, by hiring a skilled Indianapolis robbery defense attorney to represent you, you can ensure that you have a fair trial and that your side of the story is heard. Don’t wait – get started today.
Turn To A Reputable Indianapolis Robbery Lawyer
How your case turns out may heavily depend on the competence of your attorney. Judges are not required to follow advisory sentencing guidelines and, with the right attorney, may be convinced to reduce a sentence. Furthermore, our lawyer may be able to uncover evidence favorable to you that puts a conviction in doubt. This exemplifies why you need established, proven, and committed legal representation when facing the very serious charge of robbery. Our attorney brings strong qualifications and an aggressive stance to the defense of all criminal charges.
Being charged with robbery is a serious matter that calls for the services of a trusted Indianapolis robbery lawyer. The consequences of a robbery conviction can be devastating to you and your family. It is essential to ensure that you have a strong defense, which can only occur with the help of an attorney who is experienced in handling cases such as yours. That includes extensive trial preparation and experience in court. Without it, you face the prospect of being underrepresented in a matter that puts your freedom and future at stake.