Robbery

Definitions and Applicable Law


Arson

 

 

Robbery in the First Degree - RCW 9A.56.200

  • A person is guilty of robbery in the first degree if:
    • In the commission of a robbery or of immediate flight therefrom, he or she:
      • Is armed with a deadly weapon; or
      • Displays what appears to be a firearm or other deadly weapon; or
      • Inflicts bodily injury; or
    • He or she commits a robbery within and against a financial institution.
  • Robbery in the first degree is a class A felony.

An explosive or a firearm, whether loaded or unloaded, is a DEADLY WEAPON.

DEADLY WEAPON also means any weapon, device, instrument, substance, or article (including a vehicle), which under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or substantial bodily harm.

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Robbery in the First Degree:

  • An offender score of zero establishes a range of 31 to 41 months in prison.
  • An offender score of nine establishes a range of 129 to 171 months in prison.

A first offense Firearm Enhancement would add 60 months on to the end of a standard range sentence.

A first offense Deadly Weapon enhancement would add 24 months on to the end of a standard range sentence.





Robbery in the Second Degree - RCW 9A.56.210

  • A person is guilty of robbery in the second degree if he commits robbery.In the commission of a robbery or of immediate flight therefrom, he or she:
  • Robbery in the second degree is a class B felony.

A person commits ROBBERY when he unlawfully takes personal property from the person of another or in his presence against his will by the use or threatened use of immediate force, violence, or fear of injury to that person or his property or the person or property of anyone.

Such force or fear must be used to obtain or retain possession of the property, or to prevent or overcome resistance to the taking; in either of which cases the degree of force is immaterial.

Such taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Robbery in the Second Degree:

  • An offender score of zero establishes a range of 3 to 9 months in prison.
  • An offender score of nine establishes a range of 63 to 84 months in prison.

A first offense Firearm Enhancement would add 36 months on to the end of a standard range sentence.

A first offense Deadly Weapon enhancement would add 12 months on to the end of a standard range sentence.

 

Tim@LearyDefense.com
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1111 Third Avenue, Suite 2230
Seattle, WA 98101

Homicide

Homicide defense requires an examination of a variety of issues: identity, self defense, alibi, faulty eyewitness witness identification, inadequate investigation and mental defenses.

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Assault

The most common issues in assault cases are self defense and victim fabrication. I have had great success uncovering information that is favorable for my clients and all too often overlooked by the police.

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Robbery

Robbery cases often involve questions of identity or victim participation. Many wrongful convictions from around the country involve faulty identification procedures that invariably result in misidentifications. In other cases, the victim is less than forthright in what is actually a dispute over money, drugs or property.

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Burglary

In burglary cases, the issues often center around identity, proof that the defendant indeed to commit a crime inside the building (if not, it is a criminal trespass) and whether the building was open to the public.

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Theft

Theft cases are often document driven cases. Questions include – whether the defendant was the person who took the money or property? Was taking wrongful? Did the defendant have permission?

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Malicious Mischief

In malicious mischief cases, can the State prove that the defendant was acting maliciously or was it simply an accident? Other issues often involve questions of identity, the admissibility of the defendant’s statements, and the true cost of the damage.

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Arson

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Driving/Motor Vehicle Offenses

Criminal traffic cases can be very complex and technical. The difference between an accident and an alleged criminal act can often be very narrow. The defense must scrutinize the accident reconstruction, the witnesses’ accounts and scientific tests.

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Guns

Courts take gun cases very seriously given that they frequently see cases involving gun that end with tragic results. Weapons cases often involve questions of whether the officers conducted a proper search and had a basis to seize the gun.

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Domestic Violence

Domestic Violence cases run the gambit – anything from misdemeanor theft to murder. It is simply a designation that is added to a crime. However that designation can have significant consequences for defendants.

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Juveniles

All too often kids do things that they and their parents regret. The juvenile justice system is supposed to place an emphasis on rehabilitation over punishment. In addition to all the other applicable defenses, it is important that the court not forget that we are working with a kid and not an adult.

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Immigration Consequences

The consequences of a criminal charge, let alone a conviction, can be devastating for noncitizens. Work visas, education visas, tourist visas and the ability to later naturalize can hang in the balance depending the case’s outcome.

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Timothy John Leary
Timothy John Leary
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