Most people know that an aggravated crime is more serious, but they may not understand the specifics of what that means. What is aggravated robbery? If you’ve been charged with aggravated robbery or know someone who has, you’re probably facing an extra layer of confusion. The right criminal defense attorney can help you understand the charges you’re facing and your next steps.
The Indianapolis aggravated robbery attorneys at Gemma & Karimi are prepared to deliver the aggressive, customized defense you need when going up against serious charges like these.
Although finding skilled legal representation is the most important thing you can do for yourself after being charged, it can also be helpful to learn more about the crime yourself. This article takes a deep dive into the meaning of aggravated robbery.
Understanding What Aggravated Robbery Is Under Indiana Law
What is aggravated robbery? Many people use the word “robbed” to mean that someone stole something. However, in the legal world, robbery has a specific definition. Under Indiana law, a person commits robbery if they deliberately take property from another person by doing either of the following:
- Using or threatening force on any person
- Putting any person in fear
The “any person” part of the law is very important. If you imagine a robbery, you might picture someone brandishing a dangerous weapon and demanding your money. However, someone can still face robbery charges if they threaten to hurt a third party.
For example, suppose that two friends are out for a walk. A robber emerges, points a gun at one friend, and says he’ll shoot if the other friend doesn’t hand over her purse.
Aggravated robbery is a robbery where aggravating factors are present. Aggravating factors are elements of a crime that make it more severe. Indiana statutes recognize three main aggravating factors in robbery cases:
- Causing injury to someone (other than the defendant) during the crime
- Stealing a controlled substance from a pharmacy or pharmacist
- Being armed with a deadly weapon
In many states, “aggravated robbery” is its own distinct charge. That’s not the case in Indiana. If someone commits a robbery and there are aggravating factors present, they may be charged with a higher level of felony robbery.
How Aggravated Robbery Is Charged in Indianapolis
These are the levels of Indiana felony robbery convictions from least severe to most severe:
Level 5 Felony Robbery
This is a “basic” robbery charge with no aggravating factors. You can be charged with Level 5 felony robbery if you steal property by using force, fear, or threats.
Level 4 Felony Robbery
This charge involves a special circumstance. You can only be charged with Level 4 felony robbery if you steal a controlled substance from a pharmacy or pharmacist by using force, threats, or intimidation.
Level 3 Felony Robbery
You can be charged with Level 3 felony robbery if you commit a robbery and one (or both) of these aggravating factors is present:
- You are armed with a deadly weapon
- You cause bodily injury to someone other than yourself
Even causing a relatively minor injury over the course of a robbery can add several years to your sentence.
Level 2 Felony Robbery
You can be charged with Level 2 felony robbery if you cause serious bodily injury to someone other than yourself while committing a robbery.
If you rob a pharmacist or pharmacy and steal a controlled substance, you could face Level 2 charges if you were in possession of a deadly weapon or caused bodily injury to someone other than yourself.
Level 1 Felony Robbery
Robbery is almost never a Level 1 felony. However, under Indiana statute, if you rob a pharmacy/pharmacist, steal a controlled substance, and cause serious bodily harm to someone other than yourself, you could be charged with a Level 1 felony.
“Aggravated Robbery” vs. “Armed Robbery”
The answer to “What is aggravated robbery?” can be unclear. Many people have heard the phrase “armed robbery,” and the words sound similar enough that they might assume that “aggravated robbery” and “armed robbery” are the same.
This is not true. “Armed robbery” is a specific charge in some states, and it involves committing robbery while in possession of a deadly weapon. “Aggravated robbery” is a broader term denoting a robbery where aggravating circumstances are present. In Indiana, being in possession of a deadly weapon is one of those aggravating circumstances.
Penalties and Sentencing in Indianapolis for Aggravated Robbery
If you’re facing Indianapolis aggravated robbery charges or know someone who is, you might understandably be wondering about the punishment for aggravated robbery in Indianapolis. Aggravated robbery sentences can vary depending on the specifics of the crime and your criminal history.
Indiana gives judges a range of possible prison terms for each level of felony robbery. Unlike some states, it also lists an advisory sentence, which is effectively a suggestion for judges. Judges will often sentence more than the advisory sentence if there are aggravating circumstances and less if there are mitigating circumstances.
Here’s a look at the aggravated robbery penalty for each level:
Level 5 Felony Robbery
For a Level 5 felony, you could be sentenced to one to six years in prison and owe a fine of up to $10,000. The advisory sentence is three years.
Level 4 Felony Robbery
If you are convicted of a Level 4 felony, you may be sentenced to 2 to 12 years in prison and owe a fine of up to $10,000. The advisory sentence is six years.
Level 3 Felony Robbery
A Level 3 felony conviction is punishable by 3 to 16 years in prison and a fine of up to $10,000. The advisory sentence is nine years.
Level 2 Felony Robbery
In Indiana, a Level 2 felony conviction leads to 10 to 30 years in prison and a fine of up to $10,000. The advisory sentence is 17.5 years.
Level 1 Felony Robbery
A Level 1 felony conviction can lead to 20 to 40 years in prison and a fine of up to $10,000. The advisory sentence is 30 years.
Elements of Felony Robbery
When learning about criminal offenses, many people quickly skim over definitions. However, to really understand a particular crime, you need to look closely at each of its key parts. These are the main elements of a felony robbery charge in Indiana:
Intentional Theft
Felony robbery involves intentional theft. More specifically, it involves deliberately taking property from another person or from their presence.
Intentional Use of Force, Threat, or Fear
This is a key element of any robbery. When you rob someone, you don’t just try to snatch their property while they aren’t looking. Robbery involves explicit or implicit threats that coerce a victim into handing over property they otherwise would not.
Indianapolis Statute of Limitations for Aggravated Robbery
In most cases, there is a time limit set for how long a prosecutor has to charge someone with a crime. This is known as the statute of limitations. Aggravated robbery in Indianapolis doesn’t have one set statute of limitations. Instead, the statute of limitations is based on the level of felony charged.
Here’s a look at the statute of limitations for each level of aggravated robbery:
Level 5, Level 4, or Level 3 Felonies
Prosecutors must charge defendants within five years of the date of the crime. However, if the statute of limitations has passed and the state connects the defendant to the crime via DNA evidence, prosecutors have a year from the discovery of that evidence to pursue charges.
Level 1 or Level 2 Felonies
In Indiana, these felonies do not have a statute of limitations. This means that prosecution can start at any point.
Defenses to Aggravated Robbery in Indianapolis
Your attorney will be able to formulate a defense strategy based on the facts of your case. These are some common defenses in aggravated robbery cases:
Insufficient Evidence
In a criminal case, the prosecution must prove that the defendant is guilty beyond a reasonable doubt. However, a defendant doesn’t have to prove their innocence. If your lawyer can show that there’s insufficient evidence, there’s a chance you could be acquitted. If the lack of evidence is substantial, the charges might even be dropped.
Mistaken Identity
If you have an alibi and were not captured on camera committing the crime, your lawyer might argue that the victim or witnesses have confused you with the actual perpetrator.
Valid Claim of Right
If the property you allegedly stole actually belongs to you, you didn’t commit a robbery by taking it back.
Procedural Defenses
Part of your lawyer’s job is to defend your rights. If the police broke the law when collecting evidence, arresting you, or investigating the case, your attorney might be able to use that to your advantage.
Why Aggravated Robbery Cases Require an Experienced Defense Attorney
In Indianapolis, aggravated robbery charges can lead to serious prison time and high fines. Unfortunately, like many felonies, this one will also follow you long after you’ve served your time. Having a felony on your record may make it harder to find employment and housing. You’ll lose your firearm rights, and you’ll probably also suffer significant reputational damage.
With so much on the line, you don’t want to take chances with a public defender or an inexperienced defense lawyer. You need someone with the time, resources, and experience necessary to build a strong case. Hiring a skilled attorney is investing in your future.
Looking for Aggravated Robbery Lawyers in Indianapolis?
If you’re facing criminal charges, now is not the time to take chances. Your freedom is at stake, and you need a skilled, confident criminal defense team to guide you.
At Gemma & Karimi, we have 25 years of combined legal experience, and we’re deeply familiar with the Indianapolis court system. If you’re looking for aggravated robbery lawyers in Indianapolis, give us a call to see how we may be able to help.
