Cleveland Robbery Attorneys

What is Robbery Under Ohio Law?

Robbery is defined in § 2911.02 of the Ohio Revised Code. 

Simply put, robbery occurs when a person commits or attempts to commit a theft and, during that process or while fleeing, does one of the following:

• Has a deadly weapon on or about their person
• Inflicts or attempts to inflict physical harm on another person
• Threatens the use of immediate force

Ohio law defines a “deadly weapon” broadly. It can include not only firearms and knives, but any instrument or object capable of inflicting death, or something specifically designed or adapted to be used as a weapon. Whether an item qualifies as a deadly weapon is often a contested issue in robbery cases.

Importantly, a completed theft is not required under the definition of this law. A robbery charge can be filed even if no property was taken and no one was injured. The allegation of attempted theft, combined with a threat of force, may be enough to support felony charges.

Felony Degrees of Robbery in Ohio

Ohio criminal law can bring felony robbery charges of different degrees, such as:

• First-degree: First-degree felony robbery is also called aggravated robbery. It occurs when a robbery involves a suspect who displays or threatens to use a deadly weapon, who has a dangerous ordnance as defined under Ohio Revised Code 2923.11 (such as an explosive device, poisonous substance, or suppressed firearm), and who threatens to cause serious physical injury to another. Aggravated robbery can also occur when someone attempts to unlawfully deprive a law enforcement officer of their deadly weapon (service weapon or firearm).
• Second-degree: If someone commits or attempts to commit a theft offense, has a deadly weapon under their control, and inflicts, attempts to inflict, or threatens to inflict harm on another person, robbery can be charged as a second-degree felony.
• Third-degree: If someone commits or attempts to commit a theft offense and merely uses or threatens to use force against another, not necessarily with the presence of a weapon, robbery can be charged as a third-degree felony.

What Are the Penalties for Robbery in Ohio?

Robbery penalties will differ on a case-by-case basis and depend on the degree of felony charged. However, one thing is for certain: prior convictions will seriously increase the potential consequences of a robbery conviction.

A robbery conviction can result in the following penalties:

• 3rd-degree: 1 to 5 years in prison and a $10,000 fine
• 2nd-degree: 2 to 8 years in prison and a $15,000 fine
• 1st-degree (aggravated robbery): 3–11 years in prison and a $20,000 fine

Prior felony convictions, especially violent or theft-related offenses, can significantly increase sentencing exposure. Even beyond incarceration, a robbery conviction creates a permanent felony record that can follow you for life.

Common Defenses in Robbery Cases

Robbery charges often hinge on the interpretation of what actually happened, what was said, whether force was truly threatened, and whether the evidence supports the prosecution’s narrative. Our role as your Cleveland robbery lawyers will be to challenge assumptions and require the state to prove every element beyond a reasonable doubt. If this high evidential burden can’t be reached, then we can argue that a conviction would be unjustified and even be a violation of your constitutional rights.

Depending on the facts, potential defenses to robbery charges may include:

• Lack of intent to commit theft
• No actual threat or use of force
• Misidentification by witnesses
• Disputes over whether an object qualifies as a deadly weapon
• Unlawful searches or seizures by police
• Insufficient or unreliable evidence

We carefully review police reports, surveillance footage, witness statements, and physical evidence. When appropriate, we can file motions to suppress evidence obtained in unlawful ways.

What a Private Defense Attorney Can Do That Others Often Cannot

Trying to defend a robbery charge on your own or relying on an overworked public defender can put your case on rocky ground. Robbery cases move quickly, involve serious sentencing penalties if a conviction is reached, and often require substantial investigation and litigation.

When you work with our firm, we can help by:

• Conducting an independent investigation early in the case
• Communicating directly with prosecutors on your behalf
• Filing strategic pretrial motions to challenge evidence
• Attempting to negotiate for a plea deal if you would like to take that course
• Preparing fully for trial if negotiations are not in your best interest
• Keeping you informed and involved in every major decision

Your case will be handled directly by experienced trial attorneys because we believe your case deserves focused attention and a defense strategy crafted around your specific goals.

Learn How to Protect Your Rights – Call Now

If you have been arrested or charged with robbery or aggravated robbery in Cleveland, do not wait to seek legal guidance from attorneys you can trust. At Patituce & Associates, we are always prepared to jump into action for new and returning clients. Let us work to protect your rights, explain your options clearly, and fight for you at every stage of the criminal process, just as you deserve from defense counsel.

Call (440) 771-1175 today for a free consultation with our robbery defense attorneys in Cleveland. Available 24/7.