The consequences of a robbery conviction include thousands of dollars in fines and years of prison time. The resulting criminal record can have permanent negative consequences that change your life forever. If you or one of your family members was arrested for robbery in Utah, has been charged with robbery in Utah, or is under investigation for suspected robbery in Utah, you need to contact an experienced criminal defense attorney as soon as possible for legal help.
For a free and completely confidential legal consultation, contact the law offices of Overson & Sheen immediately at (801) 895-3143. We have over 16 years of experience defending adults and juveniles charged with robbery in all areas of Utah.
What is the Legal Definition of Robbery in Utah?
Every criminal offense in Utah is defined by a statute that exists in the Utah Criminal Code. These definitions are important for defendants, because the prosecutor must prove that the defendant’s actions matched every part of the crime’s definition, or every “element” of the offense. If the prosecutor is unable to prove that the defendant committed every element of the offense of robbery, the defendant cannot be convicted of robbery.
There are two ways a person can be prosecuted for robbery under Utah’s robbery statute, which is found at Utah Code § 76-6-301. Based on the definition supplied by this statute, the first way a defendant can be convicted of robbery is if the prosecutor can show that all of the following facts, or elements of the offense, are true:
- The defendant physically took or tried to take personal property away from another person (for example, an iPhone, purse, or wallet).
- The defendant did not have the legal right to take the property.
- The defendant acted intentionally.
- The defendant acted against the property owner’s will.
- The defendant used force, or put the property owner in fear for their life or safety, or for that of someone else.
- The defendant’s intent, or purpose, was to permanently or temporarily deprive the owner of their property.
The second way a defendant can be convicted of robbery is if the prosecutor can prove that the defendant “intentionally or knowingly use[d] force or fear of immediate force… in the course of committing a theft or wrongful appropriation.” Wrongful appropriation is a crime similar to theft.
Related Offenses Our Criminal Defense Firm Handles
Several offenses are related to or frequently confused with robbery. Our law firm handles a wide array of felony and misdemeanor charges related to robbery, including:
- Aggravated Robbery – Robbery becomes aggravated when the defendant either (1) uses or threatens to use a weapon, (2) seriously injures someone, or (3) steals or tries to steal a car (auto theft or vehicular theft) during the course of a robbery.
- Burglary and Aggravated Burglary – Burglary involves entering a house, apartment, or other building in order to commit a crime.
- Theft and Shoplifting – Theft involves stealing money, objects, or services, or possessing stolen property. Shoplifting, or retail theft, is a common example.
When is Robbery a Felony in Utah?
Like most states, Utah separates crimes into two groups: misdemeanors, which are relatively minor offenses, and felonies, which are very serious and typically result in much harsher penalties than misdemeanors.
Unlike some crimes which can be prosecuted as a misdemeanor or a felony, robbery is always prosecuted as a felony in Utah, because the robbery statute defines it as a second degree felony. As a first degree felony, aggravated robbery is even more serious than other types of robbery charges. If you are charged with robbery or aggravated robbery in Utah, it means you are being charged with a felony offense. Your case will be heard in one of Utah’s district courts, which handle felony criminal cases and certain high-level misdemeanors.
What are the Penalties if You are Convicted of Robbery in Utah?
If you are convicted of robbery, you may be heavily fined and incarcerated, and you will gain a criminal record. You will also lose your right to own or buy firearms, which former felons are prohibited from possessing or using under Utah Code § 76-10-503. Having a felony record can also make it very tough to get hired for jobs, qualify for loans, or earn certain licenses or permits that you need for work.
Fines and Sentences for Robbery
A robbery conviction can result in a slew of devastating penalties that affect every aspect of the defendant’s life. If you are found guilty, you can lose your reputation, your career, the trust of your friends, family, and loved ones, and even your most basic and cherished freedoms.
The punishment for robbery in Utah depends on whether the crime is charged as a second degree felony (robbery) or a first degree felony (aggravated robbery). The maximum fine for robbery is $10,000, while the prison sentence ranges anywhere from one to 15 years. The judge will look at factors like the defendant’s criminal history, the defendant’s relationship to the victim, and whether the crime occurred in a child’s presence when deciding on a sentence.
The maximum fine for aggravated robbery, which is a felony of the first degree, is also $10,000. However, the prison sentence can be much longer. Sentencing for first degree felonies in Utah ranges anywhere from five years to life in prison.
Salt Lake City Robbery Attorney Representing Defendants and Juveniles
For over 16 years, Salt Lake City criminal defense lawyer Darwin Overson has dedicated his legal career to providing defendants with aggressive, strategic representation. No matter what you or your loved one has been accused of, you can rely on Darwin to stand firmly by your side while he protects your Constitutional rights, guides you through Utah’s court system, and fights to have you acquitted, have your case dismissed, have the charges against you reduced, or have the penalties you face reduced.
As a highly experienced defense attorney, Darwin Overson represents adults and teenagers charged with robbery and aggravated robbery throughout all corners of Utah, including but not limited to Beaver, Blanding, Bountiful, Brigham City, Cedar City, Clearfield, Circleville, Ephraim, Fillmore, Garden City, Heber City, Huntington, Kanab, Kaysville, Layton, Lehi, Logan, Manila, Moab, Morgan, Panguitch, Park City, Price, Provo, Orem, Richfield, Roosevelt, Sandy, St. George, Tooele, Vernal, West Jordan, and West Valley City. Darwin is also available to make emergency visits to county jails and detention centers in counties throughout the state.
If you or a family member is facing robbery charges, make sure your rights are protected. Call Darwin Overson immediately at (801) 895-3143 for a free legal consultation.