Ihave heard of some serious / deadly weapons of choice when it comes to robberies, but never a rock. According to a news story I read, that was exactly the weapon one man used to rob a store. Apparently, when the man first came into the store, he only bought a red lighter and left. But, minutes later, he came back in to go to the bathroom. Once out of the bathroom, he walked towards the register and pulled the rock out of his pocket. With the rock in his hand, saying how he hated to have to do it, he demanded the clerks open the register and do it fast. He then became upset because they were taking so long to open the registers, so he started waving his rock around and yelling at them. He ended up leaving the store with cash, though it was only a small amount. No one was injured. In Denver and Arapahoe County, he would likely be charged with Aggravated Robbery.
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Criminal Defense Lawyer Definition of Aggravated Robbery in Jefferson County
The definition Aggravated Robbery, C.R.S. 18-4-302, is:“
“A person who commits robbery is guilty of aggravated robbery if during the act of robbery or immediate flight therefrom: (a) He is armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or any other person; or (b) He knowingly wounds or strikes the person robbed or any other person with a deadly weapon or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person robbed or any other person in reasonable fear of death or bodily injury; or (c) He has present a confederate, aiding or abetting the perpetration of the robbery, armed with a deadly weapon, with the intent, either on the part of the defendant or confederate, if resistance is offered, to kill, maim, or would the person robbed or any other person, or by the use of force, threats, or intimidation puts the person robbed or any other person in reasonable fear of death or bodily injury; or (d) He possesses any article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or represents verbally or otherwise that he is then and there so armed.”
In Jefferson and Adams County, to be convicted of Aggravated Robbery, the prosecution would have to prove the man intended to kill, maim or wound the store clerks with his rock if the clerks resisted giving him money.
Aggravated Robbery Lawyer in Douglas County – A Rock is a Deadly Weapon, Apparently
According to C.R.S. 18-1-901, a deadly weapon includes a firearm (loaded or unloaded), knife, bludgeon, or any weapon, device, instrument, material, or substance (animate or inanimate) that, in the manner it's used or intended to be used, is capable of producing death or serious bodily injury. Because the man was using the rock (and probably not a very big one, since it fit in his pocket) to get the clerks to give him money from the registers, it would be considered a deadly weapon. A Douglas County DA would probably argue that because the man became angry and started waving the rock around after demanding money, the rock was capable of producing death or serious bodily injury in the manner it was used.
Charged with Denver Aggravated Robbery? Hire a Denver Aggravated Robbery Criminal Defense Lawyer
Aggravated Robbery is a class 3 felony and is an extraordinary risk crime in Denver and Aurora, Colorado. An extraordinary risk crime means the length of any prison or Denver County jail sentencing is longer, since extraordinary risk crimes are considered crimes that pose an extra risk of harm to society. In many cases, people are accused, charged or arrested for Aggravated Robbery after a desperate situation. Our team of Robbery criminal defense lawyers understands that no one is perfect, which is why we fight so hard for a more favorable outcome in your criminal case.
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If you or a loved one has been charged with Robbery or Aggravated Robbery in Denver, El Paso or Pitkin County, be smart, exercise your right to remain silent, and consult the best criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.Request a Free Consultation
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