Robbery Defense

Robbery is theft with physical force against another person. Robbery 1st Degree is classified as a “violent crime,” meaning a person must serve 85% of their sentence before being eligible for parole. 

  • Robbery 1st Degree | KRS 515.020 (Class B Felony — 10-20 Years)

    A person is guilty of robbery in the first degree when in the course of committing a theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft and when he:


    • 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 to the crime.
  • Robbery 2nd Degree | KRS 515.030 (Class C Felony — 5-10 Years)

    A person is guilty of robbery in the second degree when in the court of committing theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft.  

Robbery Defenses

A person may have a mistaken belief that the property is his or hers and may act accordingly – threatening or confronting someone over the property.   

 

Additionally, other defenses may apply such as constitutional rights – right to counsel, right to remain silent, right against unlawful search and seizure, and right to due process. 

 

A thorough review of the evidence may reveal problems with identifying a possible suspect, problems with the surveillance video, unreliable witnesses, and unreliable witness testimony.