Vancouver, WA Robbery Defense Lawyers
Strong representation for anyone charged with robbery in Washington State
Robbery is essentially theft with force. If you’re convicted of robbery, you will likely be sentenced to prison for a very long time. There will also be large fines and possibly a restitution order to pay back the value of any items that were stolen. The prosecution is likely to be very aggressive because force is involved. Common examples of robbery include taking money at gunpoint and hitting someone and then taking his or her wallet or purse.
At Philbrook Law Office, PS, our Vancouver, WA criminal defense lawyers handle robbery, theft, and burglary cases. We move aggressively to protect your rights and to hold the government to its duty to prove its case beyond a reasonable doubt. We work to obtain dismissals of the charges and acquittals by a jury. We are also skilled at negotiating plea bargains to lesser offenses. We have a strong track record of success in criminal defense cases.
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What is the definition of robbery in Washington State?
According to state law:
A person commits robbery when he or she unlawfully takes personal property from the person of another or in his or her presence against his or her will by the use or threatened use of immediate force, violence, or fear of injury to that person or his or her property or the person or property of anyone. Such force or fear must be used to obtain or retain possession of the property, or to prevent or overcome resistance to the taking; in either of which cases the degree of force is immaterial. Such taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.
The degree of force is immaterial. Money is personal property. Jewelry, credit cards, and anything of value is considered personal property.
What is robbery in the first degree?
The law says “A person is guilty of robbery in the first degree if:
- In the commission of a robbery or of immediate flight therefrom, he or she:
- Is armed with a deadly weapon; or
- Displays what appears to be a firearm or other deadly weapon; or
- Inflicts bodily injury; or
- He or she commits a robbery within and against a financial institution as defined in RCW 7.88.010 or 35.38.060.
Robbery in the first degree is a class A felony.”
What is robbery in the second degree?
Robbery in the second degree is essentially any type of robbery that isn’t a first-degree robbery. It’s a Class B felony.
How are robberies and theft related?
Not all thefts are robberies, but all robberies are theft. Theft is generally wrongfully taking or controlling the property or services of another “with intent to deprive him or her of such property or services.” If you go out for a ride or a bite to eat and return home to find the door to your home is broken and all your jewelry is missing, then a theft has occurred, but a robbery has not occurred. A burglary may have occurred, but robbery has not occurred.
Robbery is more than theft. It requires using force to place a victim in fear of harm – causing the person to give the robber any possessions or items of value he/she has.
What are the penalties for robbery in Washington?
A first-degree robbery conviction, a Class A felony, will result in:
- A prison sentence of up to life in prison
- A fine of up to $50,000
- Collateral criminal damages
A second-degree robbery conviction, a Class A felony, will result in:
- A prison sentence of a minimum of a year to 10 years in prison
- A fine of up to $20,000
- Collateral criminal damages
Additional penalties may be assessed if a weapon was used according to RCW 9.94A.533.
How experienced Vancouver, WA attorneys fight robbery charges
We represent you at every phase of the criminal process, including the bail hearing, the arraignment, the preliminary hearing, suppression and motion hearings, and trials.
Possible defense strategies include:
- Filing suppression motions to exclude evidence that was illegally obtained
- Seeking to show force wasn’t involved
- Filing motions for discovery
- Contesting the reliability of images based on poor quality and other factors
- Contesting the chain of custody of evidence
- Cross-examining the witnesses against you
- Arguing that the prosecution hasn’t proven each required element of its case beyond a reasonable doubt
Contact our experienced lawyers at Philbrook Law today
At Philbrook Law Office, our Vancouver, WA defense lawyers understand just how traumatizing an arrest for robbery is. A conviction means the loss of your freedom for a long time. We assert every legal and factual argument available to you to contest the charges. We have a strong track record of success fighting criminal charges for our clients. To schedule a consultation at one of our offices in Vancouver or Battle Ground, WA, please call 360-695-3309 or complete our contact form. We also meet with clients in prison when necessary. Additionally, our lawyers serve the greater Portland area and Oregon State.