Have You Been Charged With Robbery In Kentucky?

At Mashni Law Criminal Defense, we recognize the gravity and potential consequences of being charged with a robbery in Kentucky. Robbery charges in the state are not taken lightly and are prosecuted vigorously, often leading to severe legal consequences for those convicted. Defined as the act of taking or attempting to take something of value directly from someone else by force or threat of force, robbery is considered a serious felony that can result in long-term imprisonment, steep fines, and a permanent criminal record. Our Lexington-based law firm understands the intricacies of robbery laws in Kentucky and the profound impact a robbery charge can have on your life and the lives of your loved ones. With a wealth of experience defending clients against a wide range of criminal charges, our dedicated team is prepared to challenge the accusations against you with a robust and strategic defense aimed at protecting your rights and obtaining the best possible outcome.

Facing robbery charges in Kentucky can be a daunting experience, but you don't have to go through it alone. Call our office or schedule a free case evaluation today, and learn how Mashni Law Criminal Defense can stand by your side, offering the skilled representation and support you need during this critical time.

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KENTUCKY LAW ON ROBBERY

In Kentucky, Robbery occurs when a person uses or threatens the immediate use of physical force on another person while intending to commit a theft. KRS §515.030.

DEGREES OF ROBBERY

There are two degrees of robbery. Robbery in the second degree is the lower of the two robbery offenses. It involves intent to commit theft plus the element of force or threat of force in order to carry out that theft.

Robbery in the first degree is the more serious of the two degrees of robbery. It includes the elements of robbery in the second degree, while also requiring that the perpetrator either causes physical injury to any person who is not a participant in the crime, or is armed with a deadly weapon, or uses or threatens the immediate use of a dangerous instrument upon any person who is not a participant in the crime.

PENALTIES FOR ROBBERY

Robbery in the first degree is a B felony and thus carries with it a penalty of 10 to 15 years’ incarceration.

Robbery in the second degree is a Class C felony and thus carries with it a penalty of 5 to 10 years’ incarceration.

WHAT MUST BE PROVEN TO BE CONVICTED

Three main elements must be proven for a conviction of robbery in the second degree: (1) that the defendant did commit or attempted to commit a theft, (2) that in so doing, the defendant used force or a threat of physical force, and (3) that throughout the conduct, the defendant intended to commit the crime of theft via these means. Robbery in the first degree also requires that an additional element be proved, as listed in the statute

DEFINITIONS

Physical force means force used upon or directed toward the body of another person.

ROBBERY AS SEEN THROUGH CASE LAW

Force or intimidation are essential elements of the crime of robbery. Correll v. Commonwealth, 317 S.W.2d 886 (Ky. 1958). Additionally, where the accused makes the owner of property afraid and then takes the property without force, he can be found guilty of robbery. Com. v. Titsworth, 98 S.W. 1028 (Ky. 1907).

Examples:

The force or threat of force must be concurrent with the theft or attempted theft. Thus, a person who steals money out of another pocket without using force, violence or fear, and then takes out a pistol when the victim demanded return of the money, does not commit robbery. However, he committed theft. Dawson v. Com., 74 S.W. 701 (Ky. 1903).

On the other hand, if a person resists a theft so that the defendant had to have used force to secure the item he sought to steal, such as a person, then the defendant may be found guilty of robbery. Com. v. Davis, 66 S.W. 27 (Ky. 1902).

KENTUCKY LAW ON ROBBERY

In Kentucky, Robbery occurs when a person uses or threatens the immediate use of physical force on another person while intending to commit a theft. KRS §515.030.

DEGREES OF ROBBERY

There are two degrees of robbery. Robbery in the second degree is the lower of the two robbery offenses. It involves intent to commit theft plus the element of force or threat of force in order to carry out that theft.

Robbery in the first degree is the more serious of the two degrees of robbery. It includes the elements of robbery in the second degree, while also requiring that the perpetrator either causes physical injury to any person who is not a participant in the crime, or is armed with a deadly weapon, or uses or threatens the immediate use of a dangerous instrument upon any person who is not a participant in the crime.

PENALTIES FOR ROBBERY

Robbery in the first degree is a B felony and thus carries with it a penalty of 10 to 15 years’ incarceration.

Robbery in the second degree is a Class C felony and thus carries with it a penalty of 5 to 10 years’ incarceration.

WHAT MUST BE PROVEN TO BE CONVICTED

Three main elements must be proven for a conviction of robbery in the second degree: (1) that the defendant did commit or attempted to commit a theft, (2) that in so doing, the defendant used force or a threat of physical force, and (3) that throughout the conduct, the defendant intended to commit the crime of theft via these means. Robbery in the first degree also requires that an additional element be proved, as listed in the statute

DEFINITIONS

Physical force means force used upon or directed toward the body of another person.

ROBBERY AS SEEN THROUGH CASE LAW

Force or intimidation are essential elements of the crime of robbery. Correll v. Commonwealth, 317 S.W.2d 886 (Ky. 1958). Additionally, where the accused makes the owner of property afraid and then takes the property without force, he can be found guilty of robbery. Com. v. Titsworth, 98 S.W. 1028 (Ky. 1907).

Examples:

The force or threat of force must be concurrent with the theft or attempted theft. Thus, a person who steals money out of another pocket without using force, violence or fear, and then takes out a pistol when the victim demanded return of the money, does not commit robbery. However, he committed theft. Dawson v. Com., 74 S.W. 701 (Ky. 1903).

On the other hand, if a person resists a theft so that the defendant had to have used force to secure the item he sought to steal, such as a person, then the defendant may be found guilty of robbery. Com. v. Davis, 66 S.W. 27 (Ky. 1902).

DEFENSES

Defenses available to a robbery charge are those available for most other offenses. There are no statutory defenses outlined in the law. However, with the help of his or her attorney, the accused may defend against a charge of robbery by asserting that one or more of the elements of the offense are not met.

Thus, if the defendant did not intent to steal from the victim, the offense does not rise to the level of robbery. If the defendant did not use physical force or threat of physical force, the offense does not rise to the level or robbery.

DEFENSES

Defenses available to a robbery charge are those available for most other offenses. There are no statutory defenses outlined in the law. However, with the help of his or her attorney, the accused may defend against a charge of robbery by asserting that one or more of the elements of the offense are not met.

Thus, if the defendant did not intent to steal from the victim, the offense does not rise to the level of robbery. If the defendant did not use physical force or threat of physical force, the offense does not rise to the level or robbery.

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