Fort Wayne Attorney Defends Against Robbery Charges

Experienced Indiana lawyer provides zealous representation in theft crime cases

Robbery is a serious crime in Indiana, and a conviction can place your future, career and reputation at risk. If you are charged with robbery, you need a defense attorney who will move quickly to safeguard your rights and challenge the prosecution’s case. The Law Offices of Ryan E. Lackey in Fort Wayne has represented individuals in criminal cases in Allen County since 2008. We take a systematic approach, carefully reviewing the evidence, challenging police errors and exposing weaknesses in the state’s case.

How is robbery defined in Indiana?

Under Indiana law, a robbery occurs when a person knowingly or intentionally takes property from another individual by using force, threatening the use of force or placing someone in fear. The level of the charge depends on the circumstances surrounding the incident. Factors such as bodily injury or the use of a deadly weapon may increase the severity of the offense and lead to harsher penalties.

What makes robbery a different offense than burglary?

Robbery involves force or threat of force to take property. By contrast, burglary is breaking and entering a building or structure with the intent to commit a felony inside. The intended felony can be theft but can also be another crime. 

Both robbery and felony are Level 5 felonies at minimum, but their levels can be increased based on aggravating factors as follows: 

• Robbery becomes a Level 3 felony if a weapon is used or bodily injury results. It can be a Level 2 or Level 1 felony if bodily injury occurs during a pharmacy robbery. 
• Burglary rises to a Level 4 felony if the structure is a dwelling, to Level 3 if the burglary results in bodily injury, to Level 2 if the offender is armed with a deadly weapon or causes serious bodily injury and to Level 1 if the structure is a dwelling and the burglary results in serious bodily injury.

Robbery cases frequently rely on eyewitness testimony, while burglary charges involve forensic evidence from the property.

How long could you go to prison for if convicted of robbery in Indiana?

The possible prison sentence depends on the felony level of the robbery conviction and the facts of the case. Robbery may be charged as a:

• Level 5 felony — One to six years in prison, with an advisory sentence of three years.
• Level 3 felony — Three to 16 years in prison, with an advisory sentence of nine years.
• Level 2 felony — Ten to 30 years in prison, with an advisory sentence of 17.5 years.

Additional penalties may include substantial fines, probation and restitution. 

Does Indiana consider aggravated robbery a separate offense?

Indiana does not have a separate criminal offense called aggravated robbery. Instead, the level of the robbery charge increases when certain aggravating circumstances are alleged, namely:

• Serious bodily injury to another person.
• Bodily injury during the commission of the offense.
• The use or possession of a deadly weapon.

Because the facts surrounding the alleged offense determine the applicable charge, the prosecution must be able to prove every required element beyond a reasonable doubt.

Can robbery charges be reduced in Indiana?

Prosecutors may agree to a reduction in charge in certain circumstances. Factors that may support a reduction include: 

• Weak or inconsistent witness statements.
• Insufficient evidence connecting the accused to the offense.
• Mistaken identity.
• Constitutional violations during the investigation or arrest.
• Successful plea negotiations.

A reduction to a lesser offense results in lighter penalties. Our criminal defense attorney pursues every available opportunity to obtain a favorable resolution.

Contact a proven robbery defense attorney

If you have been arrested on robbery charges in Allen County, Indiana, The Law Offices of Ryan E. Lackey in Fort Wayne will review your case, explain your legal options and fight for your interests from start to finish. Call 260-222-7364 or contact us online to arrange for a free initial consultation.