The penalty for robbery depends on the facts of the case. The more serious robbery punishment is for robberies where one of the following has occurred:
- The robbery was accomplished by use of a dangerous weapon;
- The victim of the robbery was injured;
- The victim of the robbery was severely impaired; or
- The victim of the robbery was a person 60 years of age or older.
When any one of these situations exists, robbery is punishable by not less than 10 years in prison, and as much as life in prison, as well as a fine of up to $15,000.
Where robbery or larceny from a person by force or threat occurs, but the following facts exist, the punishment is less serious:
- No injury occurs;
- There is no weapon used;
- The victim is not considered seriously impaired pursuant to Rhode Island Statute § 11 – 5 – 11; and
- The victim is less than 60 years of age.
In these cases, robbery is punished by imprisonment for not less than five years, nor more than 30 years. The fine in these cases is limited to no more than $10,000.
Alternative Sentencing in Robbery Cases
In certain cases, the court can depart from the standard minimum sentence. This may occur if the court finds substantial and compelling circumstances that exist justifying the imposition of the alternative sentence. Courts may consider the following in determining the appropriateness of a departure in robbery cases:
- The character of the defendant;
- The background of the defendant;
- Whether the defendant cooperated with law enforcement authorities;
- The nature and circumstances of the offense; and/or
- The nature and quality of the evidence presented at trial.
Whether a court agrees to depart in a given case depends on the facts and circumstances of the case. Presenting these facts to the court in a persuasive manner is an essential part of criminal defense representation.
If You are Facing Criminal Charges
If you are facing criminal charges, you need an experienced criminal defense attorney on your side, fighting for your rights. From examining the facts of the case to ensure the government has established probable cause to file the charges to challenging the constitutionality of the stop or detention of the accused to examining any statement taken, Kensley R. Barrett fights to protect his client's constitutional rights.
Whether taking a case to trial or working towards a negotiated plea bargain, Kensely R. Barrett, prides himself on providing individual, one-on-one assistance tailored to each client's needs. Contact the Law Offices of Kensley R. Barrett, Esq. today to set up a consultation to discuss the facts and circumstances of your case.