District of Columbia Robbery Laws

One of the more serious crimes you can be charged with is robbery. In general, robbery involves the unlawful taking of property from another person using force or the threat of force. Robberies can result in serious physical injuries to the victim, but physical harm isn’t a requirement of the charge.

Under the District of Columbia‘s criminal laws, robbery is always a felony, regardless of whether the defendant uses a weapon. The penalties for this crime are severe and vary based on the circumstances, ranging from up to three years for attempted robbery to a maximum of 30 years for armed robbery.

This article examines and explains the robbery laws in Washington, D.C., including the penalties and defenses to this crime. If you or a loved one is currently facing robbery charges, contact a D.C. criminal defense attorney as soon as possible. Things will move quickly after your arrest, and you will likely have to attend your initial hearing right away. A criminal defense attorney can explain the charges against you and help to protect your rights.

How Does Washington, D.C. Law Define Robbery?

The D.C. Code defines robbery as unlawfully taking property from another person or their immediate possession through the use of force, violence, or the threat of force or violence. The statute also states that a person commits a robbery whether they use force or violence (or a threat thereof) against the victim’s resistance, by a sudden or stealth seizure or snatching, or by putting the victim in fear for their life or safety.

Like many criminal statutes, it’s easier to understand what it means by breaking it down into parts, often called “elements.” To secure a conviction for robbery, the state must prove each element of the offense. If the prosecutor cannot do so, the judge (or jury) must either acquit the defendant of the charges or convict them of a lesser-included offense.

According to the District of Columbia Code, the elements of the crime of robbery are as follows:

• The defendant took something of value from another person (or took it from their immediate possession)
• The defendant did so using force, violence, or the threat of force or violence

When proving that the defendant used force or violence, the state can point to any of the following acts:

• The defendant used force/violence to overcome resistance on the part of the victim
• The defendant snatched or suddenly grabbed the property from the victim (or their immediate possession)
• The defendant scared the victim to the point where the individual relented to the defendant taking their property

The most common defense tactic is to disprove at least one of the elements. An experienced attorney can help you do this by submitting evidence that you did not use force or violence, or demonstrating that the victim willingly gave you the property.

Degrees of Robbery in the District of Columbia

Like many other jurisdictions, the District of Columbia breaks the crime of robbery into degrees. Let’s take a close look at each one:

• First-degree robbery: According to D.C. Code, a person commits first-degree robbery when they take something of value from another person using force, violence, or the threat of force or violence
• Attempted robbery: A person is guilty of attempted robbery if they commit an overt act in furtherance of a first-degree robbery, such as handing a note to a bank teller demanding cash or brandishing a fake gun
• Armed robbery: The most serious of robbery charges involves using a dangerous weapon during the act, such as a knife, a firearm, or any other deadly weapon

Each of the above qualifies as a felony offense and carries a mandatory prison sentence. The specific penalty depends on the facts of the case, such as the age of the victim and the defendant’s prior criminal history.

Penalties for Robbery in the District of Columbia

The penalty for robbery depends on the severity of the criminal offense, the victim’s age, and whether the defendant has past felony convictions. Regardless of the facts of the case, most robbery cases carry mandatory minimum sentences, fines, and other penalties, such as restitution.

The penalties for robbery in the District of Columbia are as follows:

• First-degree robbery: Mandatory minimum sentence of five years and a maximum sentence of 10 years. People found guilty of this offense also face fines of up to $25,000.
• Attempted robbery: Trying to commit a robbery, even if unsuccessful, carries significant penalties. The punishment for attempted robbery in D.C. is no more than three years in prison and fines of up to $12,500. If the judge sentences the guilty party to less than a year, the maximum fine the defendant will face is $2,500.
• Armed robbery: It’s no surprise that the penalty for armed robbery is much more severe than it is for attempted robbery or first-degree robbery. Armed robbery carries a mandatory minimum sentence of five years when a firearm is used, with a maximum sentence of up to 30 years. These penalties are in addition to the sentence for the underlying robbery offense. For defendants with prior convictions for crimes of violence or dangerous crimes, the mandatory minimum increases to 10 years.

The specific fines depend on the actual prison sentence the judge hands down.

Certain aggravating factors can increase a person’s punishment. For example, if the victim is over 65, the judge can increase the defendant’s sentence. The same is true for cases where the defendant has prior convictions.

Enhanced Penalties for a Robbery of a Person Over 65

D.C. Code provides enhanced criminal penalties in cases involving a victim who is 65 or older. The judge has discretion to multiply a defendant’s prison sentence by 1.5 times if the victim was over 65 years old. This applies to both the defendant’s prison sentence and fines.

For example, let’s say the Metropolitan Police Department (MPD) arrests you for first-degree robbery of an 82-year-old woman. You did not have a weapon on you at the time of your arrest. Your case goes to trial, and the jury finds you guilty of first-degree robbery.

Based on the other facts of your case, the judge would sentence you to five to seven years in prison and a fine of $25,000. However, because the victim was 82 years old, the judge can instead sentence you to over 10 years in prison.

Possible Defenses to the Crime of Robbery in D.C.

Robbery is a serious crime with significant penalties. All defendants are innocent until proven guilty, and you have the right to retain legal counsel and mount a defense. Most courts recognize the following defenses to robbery:

• Claim of ownership: If you can prove the alleged stolen property was yours, there’s a chance the prosecutor will reduce the charges to battery or assault
• Not armed: If law enforcement charged you with armed robbery and you had no weapon on you at the time of the offense, your attorney can argue for first-degree robbery charges instead
• Duress: This defense is rare, but if you can prove that someone forced you to commit the robbery, the state may agree to a reduced charge

Robbery is always a felony offense. Unless the state agrees to reduce the charges, you will not face misdemeanor charges. This is the case even for attempted robbery.

Carjacking Laws in D.C.

A crime closely related to robbery is carjacking. The District of Columbia Code defines carjacking as knowingly or recklessly, by force or violence, taking immediate actual possession of a person’s motor vehicle.

Carjacking is punishable by a mandatory minimum prison term of seven years and a maximum of 21 years. If the carjacking occurs while the defendant has a dangerous weapon on them, they will face charges of armed carjacking.

Armed carjacking carries a mandatory minimum prison term of 15 years and a maximum sentence of 40 years. Penalties can also include fines. The same defenses available in a robbery case would be available in a carjacking case.

Charged With Robbery In the District of Columbia? Get Legal Help

Robbery is a serious crime, and even attempted robbery can result in prison time. If you’re facing robbery charges in the District of Columbia, contact a local criminal defense attorney. They’ll review your case, explain your options, and help craft a strong defense strategy on your behalf. If an acquittal isn’t possible, they’ll aim for reduced charges or a favorable plea bargain.