Massachusetts Robbery Laws

The terms “theft” and “robbery” are sometimes used interchangeably, but there are two key differences between these crimes. In general, theft involves taking another person’s property with the intent to permanently deprive the owner of it.

With a robbery, the offender not only takes another person’s property, but does so using force or the threat of force. This doesn’t mean a person must physically remove property from another individual’s body, but that the property owner is physically present and in control of their property at the time of the taking.

Like most other states, Massachusetts has a separate statute prohibiting robbery. This article explains Massachusetts‘s robbery laws, including the penalties and defenses to robbery.

If you’re currently facing robbery charges in the Commonwealth of Massachusetts, consider contacting a local criminal defense attorney as soon as possible. Things move quickly after your arrest, and you’re better off having a legal professional by your side.

How Does Massachusetts Law Define the Crime of Robbery?

Massachusetts law defines robbery the same way most states do. According to Massachusetts General Laws Chapter 265, a person is guilty of robbery when they take another person’s property that may be the subject of larceny through force or the threat of force with a dangerous weapon.

There are different types of robbery in Massachusetts, including simple robbery, armed robbery, and armed robbery using a firearm. Penalties for armed robbery and armed robbery with a firearm are harsher than penalties for simple robbery. If you’re facing any sort of robbery charge, having a seasoned criminal defense attorney by your side is a good idea.

Elements of a Robbery Charge

To secure a robbery conviction, the state must prove its case beyond a reasonable doubt. To do this, the prosecutor must prove each element of the offense.

Under Massachusetts law, the state must demonstrate the following elements:

• The defendant took property that belonged to another person

• They took the property from the alleged victim‘s person or away from the victim’s control

• The taking was against the victim’s will

• The defendant took the property through the use of force or the threat of force

The defendant doesn’t have to injure the victim to be guilty of this crime, but doing so may earn a harsher prison sentence. This would qualify as an aggravating factor.

Types of Robbery Under Massachusetts Law

Massachusetts law recognizes different robbery offenses, each carrying different potential penalties. The specific charges you may face depend on whether you used a weapon and other circumstances surrounding the alleged crime.

Unarmed Robbery

According to the Massachusetts General Laws, unarmed robbery occurs when someone uses force, violence, or assault to put another person in fear and rob them without being armed with a dangerous weapon.

Massachusetts also has a specific statute for unarmed robbery of victims who are 60 years of age or older. This offense carries the same potential penalties but has a mandatory minimum sentence of two years for second or subsequent offenses.

Armed Robbery

Armed robbery occurs when someone commits robbery while armed with a dangerous weapon. The base offense carries a sentence of any term of years or even life in prison.

Certain circumstances trigger enhanced mandatory minimum sentences for armed robbery:

• Mask or disguise: If the defendant commits armed robbery while masked, disguised, or with artificially distorted features, they face a mandatory minimum sentence of five years for a first offense and ten years for subsequent offenses

• Armed with a firearm: If the defendant commits armed robbery while armed with a firearm (including pistols, rifles, or machine guns), they face a mandatory minimum sentence of five years for a first offense and 15 years for subsequent offenses

These mandatory minimums mean the judge cannot impose a lesser sentence, even if mitigating factors are present.

Potential Penalties for Robbery

The criminal penalties for robbery in Massachusetts are severe. During sentencing, the judge will consider several factors. While there are mandatory minimum prison sentences for some robbery offenses, the judge still has discretion when determining a defendant’s punishment.

Some of the aggravating factors that may increase a guilty defendant’s sentence include:

• The type of dangerous weapon used

• The value of the stolen property (for example, the difference between a small amount of money and a brand-new motor vehicle)

• Whether the victim suffered a physical injury

• Whether the defendant has a prior criminal history

• The victim’s age

Just as aggravating factors can increase a person’s sentence, mitigating factors can lessen their punishment. Some of the more common mitigating factors in a robbery case include:

• The defendant’s age (a younger defendant may receive a lighter sentence)

• Whether the defendant played a minor role in the crime

• The defendant’s level of remorse

• The offender’s cooperation with law enforcement

• No prior criminal record

A person facing robbery charges may also be accused of other related crimes. For example, if someone robs a person and then attempts to use their credit cards to commit online theft, they may also face identity theft or larceny charges.

Unarmed Robbery Penalties

A person found guilty of unarmed robbery faces imprisonment in the state prison for life or for any term of years. Massachusetts has a separate statute specifically addressing unarmed robbery of victims who are 60 years of age or older. While this offense carries the same potential maximum penalty (life or any term of years), anyone who commits a second or subsequent offense against a victim 60 or older faces a mandatory minimum sentence of two years in state prison. This means the judge cannot impose a lesser sentence.

Armed Robbery Penalties

The penalties for an armed robbery charge depend on the specific circumstances of the offense:

• Armed robbery (base offense): A person guilty of armed robbery with a dangerous weapon faces imprisonment in the state prison for life or for any term of years

• Armed robbery while masked or disguised: If the defendant commits armed robbery while masked, disguised, or with artificially distorted features, they face a mandatory minimum sentence of five years for a first offense and ten years for subsequent offenses

• Armed robbery with a firearm: If the defendant commits armed robbery while armed with a firearm, they face a mandatory minimum sentence of five years for a first offense and 15 years for subsequent offenses

For any robbery offense, the judge can impose a life sentence. It all depends on the specific circumstances of the case and whether any aggravating factors are present.

Possible Defenses To Robbery in Massachusetts

As in any other criminal case, the defendant has the right to present a defense. One reason many defendants hire a criminal defense lawyer is to help them devise a strong defense strategy.

Massachusetts law recognizes the following defenses to the crime of robbery:

• Mistaken identity: The defendant argues that they were not the person who committed the robbery, a common defense in cases involving masked perpetrators, poor lighting, or eyewitness identifications made during traumatic circumstances
• Consent: While it’s possible to argue that the person had given you permission to take their property, it’s difficult to explain the use of force or threat of force
• Claim of right: If the property that is the subject of the alleged robbery belongs to the defendant, they can claim that taking it doesn’t constitute robbery

Each robbery case is different, and the details dictate which defense might be the most effective. Given the seriousness of the charges, getting legal advice from a criminal defense attorney is often your best option.

Contact a Local Law Office for Help

If you’re facing criminal charges for robbery in Massachusetts, consider speaking with a skilled Massachusetts criminal defense attorney right after your arrest. Your lawyer will review the state’s case, explain your options, and help you craft a strong defense strategy.

The best outcome is an acquittal, but that’s not always possible. If that’s the case, your attorney can negotiate a favorable plea bargain.