Robbery in Colorado

What the charge means

To convict someone of robbery, prosecutors must prove beyond a reasonable doubt that the person:

• Knowingly took anything of value. The dollar amount does not matter. A phone, a wallet, or a few dollars is enough.
• From the person or presence of another. Presence means the property was close enough that the victim controlled it, not just that the victim was somewhere in the building.
• By the use of force, threats, or intimidation. This is what separates robbery from theft. No weapon is required, and no injury is required.

Common scenarios include a shoplifting stop that turns physical when a loss prevention employee grabs someone, a purse or phone snatched with a shove, or a dispute over money or property that ends with one person taking something during a struggle. Cases often turn on whether force was actually used to take the property, whether the property belonged to the accused in the first place, and whether the identification of the accused is reliable.

Classification and sentencing

Robbery is a class 4 felony in Colorado. If the court imposes a prison sentence, the presumptive range under C.R.S. 18-1.3-401 is 2 to 6 years in the Department of Corrections, followed by 3 years of mandatory parole. The fine range is $2,000 to $500,000.

Those numbers describe what applies only if the court orders prison. Probation, community corrections, or other sentences are often possible for a class 4 felony robbery, especially for someone with little or no record. Nothing in the base robbery statute mandates prison.

Related charges can raise the stakes considerably:

• Aggravated robbery, C.R.S. 18-4-302, applies when a deadly weapon or a claimed weapon is involved. It is a class 3 felony that usually carries crime of violence sentencing, which means mandatory prison in a higher range.
• Robbery of an at-risk person, under C.R.S. 18-6.5-103, raises the charge when the alleged victim is an at-risk adult or juvenile, such as an elderly or disabled person.

What else it touches

A robbery conviction follows a person long after any sentence ends:

• Firearms. A felony conviction bars firearm possession under Colorado and federal law.
• Immigration. Robbery is generally treated as a crime involving moral turpitude, and with a sentence of a year or more it can be an aggravated felony. Either can carry severe immigration consequences for a noncitizen.
• Record sealing. A dismissal or acquittal can generally be sealed. A robbery conviction is much harder to seal, and eligibility depends on the outcome and waiting periods in Colorado's sealing statutes.
• Work and housing. Robbery is labeled a crime of violence in many background check systems, which affects jobs, professional licenses, and rental applications.

We defend robbery cases, and a free consultation is the place to get answers about a specific situation. Calls and emails are returned the same business day.