Cleveland Robbery Attorneys

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.