Criminal defense lawyer in Colorado discusses robbery charges and how a recent federal appeals court decision impacts the penalties convicted offenders face
Denver, CO- Robbery is a serious charge in Colorado that already carries severe penalties, but those penalties could be even worse after a recent 10th Circuit Court of Appeals decision determined that robbery can be considered a violent crime in Colorado.
The case of Robert Crump
On January 9, 2017, the 10th Circuit Court of Appeals, determined in the case, U.S. vs. Paul Charles Crump, justices determined robbery could be considered a violent crime. Therefore, a person convicted of robbery faces sentencing enhancements.
The man at the center of the case, Paul Charles Crump, was facing a third charge of a violent crime which meant he would be eligible for sentencing requirements. He argued that his robbery charge was not considered a violent crime and a district court agreed on the grounds that Crump’s did not use or threaten to use physical force against another person.
The 10th Circuit Court of Appeals in Denver disagreed with the district court and remanded Crump’s case for resentencing.
In their decision, the appeals court panel wrote, “We disagree with the district court’s finding that robbery in Colorado does not require the use or threatened use of physical force against another person.” The panel concluded that “robbery in Colorado has as an element the use or threatened use of physical force against another person.”
How is a robbery defined in Colorado?
Under Colorado law, a person can be charged with simple robbery or aggravated robbery, depending on the severity of their offense and surrounding circumstances.
Robbery is stealing from another person with the use of intimidation or the threat of force. When a person robs another but does not use a weapon, their crime is considered a simple robbery for which penalties enhancements do not usually apply. But the decision in U.S. vs. Paul Charles Crump changes that and with enhancements on the table, a person facing simple robbery should retain a criminal defense lawyer in Colorado as soon as possible.
A robbery is considered aggravated in Colorado of the follow circumstances apply:
If the accused is armed with a deadly weapon or they tell the victim, they have a deadly weapon
If the accused purposely wounds or strikes a victim or leads a victim to believe they will be harmed or killed.
A person convicted of simple or aggravated robbery faces significant jail time, expensive fines, probation and a criminal record. Whether you are facing simple or aggravated robbery, you need to get legal counsel. A criminal defense attorney in Colorado will use their experience to have your charges reduced, or negotiate for a plea bargain. USAttorneys can refer you to a lawyer who will take steps to see you avoid conviction. Call and arrange a case evaluation if you are facing robbery charges in Denver.