Washington Robbery Laws

Robbery is a serious offense under Washington law. It involves taking someone’s personal property by using force or threats. Because it includes violence or fear, a robbery charge is treated more seriously than simple theft.

Washington’s RCW 9A robbery laws state that a person commits robbery when they unlawfully take personal property from another person, or from that person’s presence, by using or threatening immediate force, violence, or fear of injury. This article examines the different degrees of robbery and how it differs from other similar crimes. If you’re facing any robbery charges, it’s a good idea to speak with a Washington criminal defense attorney as soon as possible after your arrest.

Robbery vs. Theft

Robbery is different from theft. Theft involves taking property without force or threats. If there is no force, violence, or intimidation, the case may be charged as theft instead of robbery.

The distinction between the two crimes is important. The difference can have a major impact on potential penalties and long-term consequences.

What Prosecutors Must Prove

In simple terms, robbery is theft plus the use of force or intimidation. To convict someone of robbery in Washington, prosecutors must prove:

• The defendant took personal property that did not belong to them
• The property was taken from the person or in their presence
• The taking was against the person’s will
• Force or threats of immediate harm were used to obtain or keep the property

The use of force does not have to be extreme. Even a small amount of force used to overcome resistance can be enough.

First-Degree Robbery

Under the Washington Revised Code, first-degree robbery is the more serious form of the offense.

It applies if, during the robbery or while fleeing:

• The person is armed with a deadly weapon
• The person displays what appears to be a firearm or other deadly weapon
• The person causes bodily injury
• The robbery is committed against a financial institution, such as a bank

A deadly weapon generally includes firearms and other weapons capable of causing serious harm or death.

First-degree robbery is a Class A felony. A Class A felony is punishable by:

• Up to life in prison
• Up to $50,000 in fines

Because of the seriousness, first-degree robbery is often referred to as armed robbery when a weapon is involved.

Second-Degree Robbery

Under the Revised Code of Washington, second-degree robbery includes all other robberies that do not meet the requirements for first-degree robbery.

This means there was force or fear involved, but:

• No deadly weapon
• No displayed firearm
• No serious bodily injury

Second-degree robbery is a Class B felony. A Class B felony carries:

• Up to 10 years in prison
• Up to $20,000 in fines

While not as serious as first-degree robbery, second-degree carries substantial penalties as well.

Armed Robbery and Sentencing Enhancements

If a person is armed with a firearm during a robbery, Washington law allows for sentencing enhancements. These enhancements add mandatory prison time to the base sentence. This means an armed robbery conviction can result in significantly more time in prison than an unarmed robbery conviction.

Robbery is also considered a “strike” offense under Washington’s three strikes law. A person convicted of three serious violent felonies can face life in prison without the possibility of parole.

Criminal History and Sentencing

In addition to the maximum penalties listed above, Washington courts use sentencing guidelines that take a person’s criminal history into account. A prior criminal record can increase the standard sentencing range. Someone with multiple prior convictions may face much harsher penalties than a first-time offender.

A robbery conviction can lead to:

• Prison time
• Large fines
• A permanent criminal record
• Difficulty finding employment or housing

Because robbery is a violent felony, the consequences can follow someone for life.

Facing a Robbery Charge in the State of Washington? Speak With an Attorney

If you are facing criminal charges for robbery in Seattle or elsewhere in Washington State, it is important to speak with a qualified criminal defense attorney as soon as possible. An experienced criminal defense lawyer can review the facts of your case, explain possible defenses, and help you understand your options. If you have been charged with the crime of robbery, getting legal advice early can make a significant difference in the outcome of your case.