Is Robbery a First-Degree or Second-Degree Felony?

In Ohio, robbery is a serious crime. It is always charged as a felony, which is considered a more serious offense than a misdemeanor. Depending on the circumstances, robbery could be either a second- or first-degree offense. What causes the degree to elevate are aggravating factors.

What Is Robbery?

Under O.R.C. 2911.02, robbery is a crime that occurs when an individual commits a theft offense and either has a deadly weapon, causes or threatens to cause the other person physical harm, or threatens the use of force against that person.

If you violate the law, you could be charged with a second-degree felony. If you're convicted, you face 2, 3, 4, 5, 6, 7, or 8 years in prison. You could also be subject to a fine of up to $15,000.

What Is an Aggravating Factor?

An aggravating factor is any circumstance that elevates the seriousness of an offense, meaning it makes the crime worse. If you're convicted and an aggravating factor is involved, you could face harsher conviction penalties.

What Makes Robbery a First-Degree Felony?

As mentioned earlier, simple robbery is a second-degree felony. It elevates to a first-degree when aggravating factors are involved. In this circumstance, the crime is referred to as aggravated robbery.

Under O.R.C. 2911.01, an offense is considered aggravated robbery when a person:

  • Has a deadly weapon and they display it or threaten to use it
  • Has a dangerous ordnance (O.R.C. 2923.11 provides that a dangerous ordnance includes but is not limited to an explosive, poison, a grenade, or firearm suppressor)
  • Threatens to cause serious physical harm to another individual

An example of the differences between robbery and aggravated robbery would be if you took another person's wallet. If you had a gun on you at the time of the crime, you're committing robbery (a second-degree felony).

Let's say that you took the gun out before taking the person's wallet. Now your actions could be considered aggravated robbery (a first-degree felony).

You could also be accused of aggravated robbery if you, without authority to do so, take a deadly weapon from a law enforcement officer while they are performing their official duties and you know they are a cop.

As mentioned before, when a crime involves aggravating factors, a conviction results in harsher punishments. Thus, if you're found guilty of aggravated robbery, you could be facing more severe penalties. The prison terms for this offense are 3, 4, 5, 6, 7, 8, 9, 10, or 11 years. Additionally, the maximum fine is $20,000.

Have you been accused of a robbery crime in Cleveland? If so, call Patituce & Associates at (440) 709-8088 or contact us online. We'll aggressively fight your charges.