Robbery is a serious offense under 18 Pa.C.S. § 3701, defined as taking property from another person by using force, threats, or intimidation. The severity of the charge can vary depending on factors such as the use of a weapon, whether anyone was injured, or if the victim was especially vulnerable.
To secure a conviction, the prosecution must prove two key elements:
- That you unlawfully took property from another person
- That you applied force, threatened force, or placed the victim in fear during the taking
Robbery cases in Philadelphia are treated as violent crimes and often rely on detailed evidence, including witness statements, surveillance footage, and forensic findings. This makes having an attorney skilled in robbery defense essential to protect your rights and build a strong case.
Types of Robbery Charges
Robbery cases can arise in many circumstances, ranging from street-level thefts to sophisticated armed heists. The type of robbery charged often affects both the severity of potential penalties and the defense strategy. Common scenarios include:
Armed Robbery
Armed robbery occurs when a person takes property from another while carrying or using a weapon to threaten or intimidate the victim. This is considered one of the most serious robbery charges in Pennsylvania and can carry penalties of up to 20 years in prison. Evidence often includes eyewitness accounts, security footage, or the weapon itself, making a strong defense critical.
Street or Strong-Arm Robbery
Street robbery, sometimes called strong-arm robbery, involves taking property through physical force or intimidation without using a weapon. Although typically treated as less severe than armed robbery, it is still classified as a violent felony and can result in substantial prison time. These cases often rely on eyewitness testimony, which an experienced attorney can challenge.
Business Robbery
Business robbery involves taking property from stores, offices, or other commercial establishments by threatening employees, using force, or brandishing a weapon. Evidence often includes security footage, employee statements, and inventory records. Because these cases can involve multiple witnesses and video evidence, careful review by a defense attorney is crucial.
Vehicle Robbery
Vehicle robbery occurs when property is forcibly taken from a car, truck, or other vehicle, often while the vehicle is occupied. Charges can be heightened if a weapon is used or if repeated offenses are involved. These cases may include surveillance footage, eyewitness testimony, or forensic evidence from the vehicle, all of which must be carefully examined to build a defense.
Penalties & Consequences for Robbery in Pennsylvania
Robbery is a felony offense in Pennsylvania, with penalties varying by degree:
- First-degree robbery: Up to 20 years in prison
- Second-degree robbery: Up to 10 years in prison
- Third-degree robbery: Up to 7 years in prison
Fines, restitution, and probation may also be imposed. Beyond criminal sentencing, a robbery conviction can have lasting consequences:
- Permanent criminal record affecting employment, housing, and education opportunities
- Loss of professional licenses for certain occupations
- Civil liability if property damage or theft is alleged
- Immigration consequences for non-U.S. citizens
Even a first-time robbery charge can have life-altering effects, making early and aggressive legal defense essential.
“It Was Just a Mistake” vs. Criminal Robbery
Not every taking of property is considered robbery. Honest mistakes, such as unintentionally taking someone else’s property without using force or threats, are not crimes.
Prosecutors must prove that you knowingly took property and used force, intimidation, or threats at the time. A key part of your defense is demonstrating a lack of intent, showing that the taking was accidental, lawful, or misinterpreted. Understanding this distinction is crucial in reducing or dismissing charges.
Who Prosecutes Robbery in Philadelphia?
The Philadelphia District Attorney’s Office typically prosecutes robbery cases in Philadelphia. The DA works with the Philadelphia Police Department to investigate alleged robberies, collect evidence, interview witnesses, and prepare court cases.
For cases with complex facts, such as the use of weapons, multiple victims, or high-value property, the DA’s office may assign specialized units to pursue aggressive charges. Defending against these cases requires an attorney familiar with how local prosecutors handle robbery investigations, evidence collection, and plea negotiations.
What to Expect in a Robbery Investigation
A robbery investigation in Philadelphia can be fast-moving and complex. Knowing what to expect at each stage can help you protect your rights and make informed decisions with your attorney.
Police Investigation
Police may interview witnesses, conduct neighborhood canvases, review surveillance footage, and collect forensic evidence. Officers may document weapons, injuries, or stolen property. Your attorney can guide you on how to respond if you are under investigation.
Charges Filed
Once the District Attorney determines probable cause exists, formal robbery charges are filed. The charges specify the degree of robbery and any aggravating factors, such as the use of a weapon or multiple victims. Understanding the exact charges is critical to planning your defense.
Arrest or Summons
Depending on the severity of the alleged robbery, you may be arrested on the spot or receive a summons to appear in court. Arrest procedures include fingerprinting, photographing, and booking. Your attorney can ensure that your rights are protected throughout this process.
Arraignment
During arraignment, the court formally reads the charges, sets bail, and establishes conditions for your release. Your attorney can request reduced bail or advocate for pretrial release conditions that minimize disruption to your life.
Pretrial Motions
Before trial, your attorney can file motions to suppress evidence, dismiss charges, or challenge procedural errors. Pretrial motions can significantly affect the strength of the prosecution’s case. Careful attention here often sets the tone for negotiations or trial preparation.
Plea Negotiation or Trial
Some cases are resolved through plea agreements, where charges may be reduced or penalties minimized. If no agreement is reached, the case proceeds to trial, where the DA must prove guilt beyond a reasonable doubt. Your attorney will prepare a defense strategy tailored to the evidence and facts of your case.
Sentencing & Post-Conviction Options
If convicted or if you accept a plea, the court imposes penalties such as incarceration, fines, or probation. Post-conviction relief, appeals, or alternative sentencing programs may also be available. Having experienced counsel ensures all options are explored.
Early legal representation is critical, as it can influence whether charges are filed, how severe they are, and the overall direction of your case.
Defenses to Robbery Charges in Pennsylvania
A strong defense to robbery charges requires a careful review of the facts, evidence, and circumstances surrounding the alleged offense. Each case is unique, and the right strategy can make the difference between dismissal, reduced charges, or acquittal. Common defenses include:
Lack of Intent
A key defense is demonstrating that the taking of property was accidental, lawful, or occurred without criminal intent. If the prosecution cannot prove beyond a reasonable doubt that you intended to commit a crime, the robbery charge may be reduced or dismissed. This defense often involves presenting witness statements, documentation, or other evidence showing that your actions were not criminal.
Alibi or Mistaken Identity
Proving that you were somewhere else at the time of the alleged robbery can be a powerful defense. Mistaken identity is a common occurrence in eyewitness accounts, particularly in chaotic or poorly lit situations. Your attorney can gather corroborating evidence, such as surveillance footage or witness testimony, to support your alibi.
Insufficient Evidence
Robbery convictions rely heavily on credible evidence, including witness statements, surveillance footage, or physical evidence. If any of this evidence is weak, inconsistent, or unreliable, your attorney can challenge it to undermine the prosecution’s case. Highlighting gaps in the evidence can lead to reduced charges or even a full acquittal.
Illegal Search & Seizure
Evidence obtained through unlawful searches or violations of your constitutional rights can often be suppressed. If police did not follow proper procedures when collecting evidence, it may be excluded from trial. Successfully challenging illegally obtained evidence can significantly weaken the prosecution’s case.
Consent or Authorization
Showing that entry or possession of property was permitted by the owner or lawful under the circumstances can negate robbery charges. Even if the taking involved force or threats, demonstrating consent may prevent a conviction. This defense often relies on testimony, agreements, or documentation proving permission to be on the property.
These defenses are often combined to create a fact-driven strategy that highlights weaknesses in the prosecution’s case while protecting your rights throughout the legal process.
How a Robbery Lawyer at Fienman Defense Can Help
Facing a robbery investigation or charge requires an attorney who understands both the law and local prosecutorial practices. At Fienman Defense, we provide focused, strategic representation tailored to robbery cases in Pennsylvania:
- Early Intervention: We step in before statements are made or evidence is submitted, protecting you from inadvertently strengthening the case against you.
- Independent Investigation: We review police reports, witness statements, surveillance footage, and forensic evidence to uncover inconsistencies or weaknesses.
- Focused Defense Strategy: Every defense is built around facts, intent, and credible evidence to reduce or dismiss charges or highlight a lack of criminal intent.
- Aggressive Negotiation: We engage directly with the DA to seek reduced charges, favorable plea deals, or alternatives to incarceration.
- Trial-Ready Representation: Every case is prepared as if it will go to trial, giving leverage during negotiations and protecting your rights in court.
- Client Support: We provide clear communication, guidance on collateral consequences, and coordination with other legal matters to protect your future.
Attorney Michael H. Fienman has extensive experience defending individuals in state and federal courts across Pennsylvania and New Jersey. He is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, and federal courts in both states.
FAQs About Robbery Charges in Philadelphia
What Degree of Felony is Robbery in Pennsylvania?
Robbery charges in Pennsylvania are classified as first-, second-, or third-degree felonies, depending on factors such as the use of a weapon, bodily injury, or threats during the offense. First-degree robbery carries a penalty of up to 20 years, while second- and third-degree charges carry penalties of up to 10 and 7 years, respectively. The degree affects potential sentencing, bail, and collateral consequences.
Can I Be Charged Even If I Didn’t Take Anything?
Yes. Robbery focuses on the unlawful taking of property with force or intimidation, rather than the actual theft of property. Even if no property was taken, prosecutors can pursue charges if they believe there was intent to commit robbery or another crime at the time.
What If I Made a Mistake?
Accidental or lawful possession without the intent to use force is generally not considered robbery. Your attorney can gather evidence and witness testimony to show a lack of criminal intent, which can be crucial to reducing or dismissing charges.
Do I Need a Lawyer Immediately After Being Charged?
Yes. Retaining an attorney promptly protects your rights, prevents potential missteps, and helps build a strong defense. Early representation can influence the severity of charges, bail, and negotiation outcomes.
Can Robbery Charges Affect My Future?
Absolutely. A conviction for robbery can significantly impact employment, housing, professional licenses, and personal reputation for years. Even a first-time offense can create long-term challenges, making aggressive legal defense essential.
Stand Strong. Call Fienman Defense for Robbery Cases.
Robbery allegations can jeopardize your freedom, finances, and future. When the DA is building a case against you, you need an attorney who knows how to challenge evidence, protect your rights, and fight for the strongest possible outcome.
Contact Fienman Defense today at (215) 839-9529 or advice@philadelphiacriminalattorney.com to learn how Michael H. Fienman can defend you against robbery charges in Philadelphia and the surrounding areas.