Philadelphia, PA Robbery Defense Lawyer
Few criminal charges are treated more seriously than robbery. Because robbery combines allegations of theft with the use or threatened use of force, Pennsylvania law classifies every robbery offense as a felony. A conviction can expose you to years or even decades in prison, substantial fines, a permanent felony record, and long-term consequences affecting your employment, housing, professional licenses, and civil rights.
If you have been arrested or are under investigation for robbery in Philadelphia, it is essential to speak with an experienced criminal defense attorney before answering questions or attempting to explain your side of the story. Robbery investigations often rely on eyewitness identifications, surveillance footage, forensic evidence, cell phone records, and statements made by suspects or alleged accomplices. Early legal representation can play a critical role in protecting your rights and building a strong defense.
At Young, Marr, Mallis & Associates, our criminal defense attorneys include former prosecutors who understand how robbery cases are investigated and prosecuted in Pennsylvania. We have defended clients facing serious felony charges ranging from street robberies to armed robberies and complex conspiracy allegations. Whether your case is resolved through negotiation or trial, our Philadelphia robbery defense lawyers are prepared to fight for the best possible outcome.
What Is Robbery Under Pennsylvania Law?
Robbery is defined in 18 Pa. C.S. § 3701. Unlike ordinary theft, robbery requires more than simply taking another person’s property. It involves allegations that force, violence, intimidation, or threats were used during the course of committing a theft. In other words, robbery includes all of the elements of theft plus the additional element of force or threatened force directed at another person. Because violence or intimidation is what distinguishes robbery from theft, prosecutors must prove every element of the robbery statute beyond a reasonable doubt.
Acts That May Constitute Robbery in PA
Under Section 3701, robbery may be charged when, in the course of committing a theft, a person allegedly:
- Inflicts serious bodily injury upon another person.
- Threatens another with or intentionally places another in fear of immediate serious bodily injury.
- Commits or threatens immediately to commit any felony of the first or second degree.
- Inflicts bodily injury upon another person or threatens another with or intentionally places another in fear of immediate bodily injury.
- Physically takes or removes property from another person by using force, even relatively slight force in some circumstances.
- Demands, orally or in writing, that an employee of a bank or other financial institution surrender money or property and removes it without authorization.
Whether the evidence satisfies one of these statutory provisions depends upon the specific facts of the case.
Robbery Is Always a Felony
Unlike many other criminal offenses which can be charged as either a misdemeanor or a felony, robbery is always classified as a felony in Pennsylvania. However, the grading depends on the circumstances surrounding the alleged offense.
First-Degree Felony Robbery
Robbery is generally graded as a first-degree felony when the defendant allegedly:
- Inflicts serious bodily injury upon another person.
- Threatens another person with immediate serious bodily injury.
- Intentionally places another person in fear of immediate serious bodily injury.
A first-degree felony is punishable by up to 20 years in prison and a fine of up to $25,000.
Second-Degree Felony Robbery
Robbery is generally graded as a second-degree felony when the defendant allegedly inflicts bodily injury upon another person or threatens or intentionally places another person in fear of immediate bodily injury during the commission of the theft. A second-degree felony carries a maximum penalty of 10 years’ imprisonment and a fine of up to $25,000.
Third-Degree Felony Robbery
Certain robbery offenses involving the use of physical force to take property, even if the force is relatively slight, may be charged as third-degree felonies. A third-degree felony carries a maximum sentence of 7 years’ imprisonment and a fine of up to $15,000 under Pennsylvania law. Although third-degree robbery is the least serious grading under Section 3701, it remains a felony conviction with potentially life-altering consequences.
Robbery of a Motor Vehicle
Pennsylvania separately criminalizes robbery of a motor vehicle under 18 Pa. C.S. § 3702. This offense occurs when an individual, in the course of committing a theft, takes a motor vehicle from another person who is in lawful possession of it through force or the threat of force. Unlike ordinary vehicle theft, robbery of a motor vehicle requires that the vehicle be taken from someone who is actually in lawful possession of it at the time of the offense. This crime is graded as a first-degree felony and carries extremely serious penalties.
How Robbery Cases Are Prosecuted
Robbery investigations often begin immediately after the alleged offense. Law enforcement officers may collect surveillance video, interview witnesses, recover physical evidence, analyze DNA or fingerprints, review electronic communications, and obtain search warrants for cell phone records or digital devices. Many robbery prosecutions also rely heavily on eyewitness identification. Unfortunately, eyewitness identifications are not always reliable. Stressful situations, poor lighting, brief encounters, and cross-racial identifications can all contribute to mistaken identification. Our attorneys carefully examine the identification procedures used by investigators to determine whether constitutional or evidentiary challenges may exist.
Possible Defenses to Robbery Charges in Philadelphia
Every robbery prosecution presents unique legal and factual issues. The appropriate defense depends upon the specific allegations and the available evidence. Potential defenses may include, for example:
- Mistaken identity.
- Alibi.
- Lack of intent to commit theft.
- Insufficient evidence.
- False accusations.
- Lack of force or intimidation.
- Constitutional violations during the investigation.
- Illegal searches or seizures.
- Improper eyewitness identification procedures.
- Duress or coercion, where supported by the evidence.
Because robbery requires proof of both theft and the use or threat of force, prosecutors must establish every required element beyond a reasonable doubt. Our Philadelphia robbery defense attorneys carefully investigate each case to identify weaknesses in the Commonwealth’s evidence and develop a defense strategy tailored to the client’s circumstances.
Former Prosecutors Defending Serious Felony Cases
The criminal defense attorneys at Young, Marr, Mallis & Associates include former prosecutors who understand how robbery cases are evaluated and presented in court. We know how prosecutors prepare eyewitness testimony, introduce surveillance footage, negotiate plea agreements, and argue serious felony cases before juries. That experience provides valuable insight when evaluating the strengths and weaknesses of the Commonwealth’s case. We prepare every robbery case thoroughly and are ready to take difficult cases to trial whenever doing so serves our client’s best interests.
The Importance of Early Legal Representation
If you believe you are under investigation for robbery, do not wait until formal charges are filed to seek legal representation. Police officers may attempt to question you before making an arrest, hoping to obtain statements that can later be introduced at trial. Even seemingly harmless explanations may be interpreted in ways that strengthen the prosecution’s case. An experienced defense attorney can protect your constitutional rights, communicate with investigators on your behalf, and begin preserving evidence that may ultimately help your defense.
Frequently Asked Questions
What is the difference between robbery and theft?
The primary difference is the use or threatened use of force. Theft generally involves unlawfully taking another person’s property. Robbery, as defined by 18 Pa. C.S. § 3701, requires the elements of theft plus the additional element of force, violence, intimidation, or threats directed toward another person during the commission of the theft.
Is robbery always a felony in Pennsylvania?
Yes. Unlike many theft offenses, robbery is always charged as a felony. Depending on the facts, it may be graded as a first-, second-, or third-degree felony, with penalties increasing based on the degree of force or injury alleged.
What is robbery of a motor vehicle?
Under 18 Pa. C.S. § 3702, robbery of a motor vehicle occurs when a person uses force or the threat of force to take a motor vehicle from someone who is lawfully possessing it. The offense is graded as a first-degree felony and carries severe penalties.
Can I be convicted of robbery if no one was seriously injured?
Yes. Although causing serious bodily injury results in the most serious grading, Pennsylvania’s robbery statute also criminalizes other conduct involving bodily injury, threats, or the use of physical force during the commission of a theft. The prosecution must still prove every required statutory element beyond a reasonable doubt.
Should I speak with detectives if they ask me about a robbery investigation?
Not before consulting with an attorney. Statements made during a robbery investigation may become important evidence at trial. An experienced criminal defense lawyer can protect your constitutional rights and advise you before any questioning takes place.
Call Young, Marr, Mallis & Associates for a Free Consultation
If you have been arrested or are under investigation for robbery in Philadelphia, do not delay in seeking experienced legal representation. Robbery charges carry some of the most severe penalties under Pennsylvania law, and the prosecution will begin building its case immediately. At Young, Marr, Mallis & Associates, our former prosecutors and experienced criminal defense attorneys are prepared to challenge the evidence, protect your constitutional rights, and fight for the best possible outcome. We are available 24 hours a day, 7 days a week to help. Call today for a free consultation and let us begin protecting your rights, your freedom, and your future.
