Robbery & Aggravated Robbery Lawyer in Cincinnati

The criminal defense attorneys at Joslyn Law Firm have handled more than 15,000 cases, which is just one of the reasons our firm is among the highest rated in Ohio. By working with a robbery lawyer in Cincinnati, you will have an advocate who understands that each robbery case is different and who will work hard to get you the best possible outcome.

Robbery & Aggravated Robbery

If you are facing charges related to robbery or aggravated robbery in the Cincinnati area, our lawyers will do what it takes to get results—whether that is working with the courts and prosecutors to try to reduce your sentence or fighting at trial to win an acquittal. Call our office today at (614) 444-1900. Do not wait another day when your future is on the line. 

Cincinnati Robbery & Aggravated Robbery Charges Information Center

Cincinnati Robbery & Aggravated Robbery Charges Overview


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Robbery vs. Aggravated Robbery

Ohio Revised Code § 2911.02 defines robbery as committing a theft, attempting to commit a theft, or fleeing a theft or attempted theft while:

  • Possessing or controlling a deadly weapon
  • Inflicting, attempting to inflict, or threatening to inflict physical harm on another person
  • Using or threatening the immediate use of force

The first two violations are deemed second-degree felonies. The third is a third-degree felony.

According to ORC § 2911.01, a robbery becomes an aggravated robbery when a robber:

  • Displays a weapon, brandishes it, indicates that they possess it, or uses it
  • Possesses a dangerous weapon under their control
    • This includes a sawed-off shotgun, explosive or incendiary device or substance, military-grade weapon and ammunition, among other weapons
  • Inflicts or attempts to inflict serious physical harm on another person

In addition, it is always considered an aggravated robbery to “remove or attempt to remove” a law enforcement officer’s gun, provided there is evidence the offender knows the person is law enforcement and acting within their official capacity.

Aggravated robbery is a first-degree felony. 


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Defenses to Robbery & Aggravated Robbery Charges in Cincinnati

How we approach charges of robbery or aggravated robbery depends on the circumstances of each particular case. However, defenses typically focus on the elements of the case. In other words, we set out to show that the prosecution does not have sufficient evidence to prove each element, and the robbery or aggravated robbery charge should be reduced or dropped. 

Think of it like a chair that needs four legs to support itself. The prosecution has to construct all four legs for the chair to stand up. Knock one down, and the chair will not work.  In practice, this is an oversimplified example, but the principle is the same.

If someone has been charged with aggravated robbery, for example, but the prosecution cannot prove that they brandished or indicated that they had a weapon, used or attempted force, or had explosives, we can argue that it was merely theft, a lesser charge. If, on the other hand, no theft actually took place, we can argue that the individual is guilty only of a threat, not a robbery.

Again, each case is different, and it might help you to hire a lawyer as early as possible so we can get to work on your case faster. 


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Robbery & Aggravated Robbery While Under the Influence 

If you were under the influence of drugs or alcohol at the time of the robbery and are willing to seek treatment, there might be alternatives to prison. We may be able to petition the prosecution and courts to allow you to enter drug treatment programs, in-patient programs, or various community-based corrections programs instead.


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Penalties for Robbery & Aggravated Robbery Offenses 

Offense                                               Presumption of Prison                       Minimum Sentence

 

Aggravated Robbery (felony 1)         Yes                                                      3–11 years

 

Robbery (felony 2)                             Yes                                                      2–8 years

 

Robbery (felony 3)                             No                                                       9–36 months

As high-level felonies, robberies come with a presumption of prison time. However, a judge is not required to impose a prison sentence. ORC § 2929.12 instructs judges to take into account factors that make you more or less likely to commit a crime again when issuing sentences. If you have no previous record, for example, that weighs in favor of leniency.

It is important to note that the prison terms listed above are minimum sentences. Before the state enacted ORC § 2929.144, an aggravated robbery conviction would lead to a definite sentence of between three and 11 years. Under this new law, however, your sentence can be enhanced based on your behavior in prison. The maximum sentence is now your minimum sentence plus 50% of that sentence. These sentencing requirements are a result of the Reagan Tokes Law, outlined in detail here in a document from the ">Ohio Court of Appeals, 8th District.

For instance, if you were convicted of aggravated robbery and sentenced to a minimum of 10 years in prison, your term could extend as long as 15 years.

The third-degree felony is a definite, rather than indefinite sentence. If you have at least two previous convictions for robbery or burglary, the prison term could be increased to a maximum of five years instead of three.


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Gun & Weapon Specifications in Robbery Cases

If you use a weapon during a robbery, prosecutors can seek additional prison time on top of the underlying sentence. According to ORC § 2929.14(B)(1)(a):

  • Possessing an automatic weapon or a gun with a noise suppressor during the commission of a crime can add six years to your sentence
  • Displaying or brandishing a gun, using a gun to facilitate a crime, or indicating that you have a gun, can lead to a sentencing enhancement of three years
  • Possessing a gun under your control during a crime can add one year

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Warrants & Bond for Robbery & Aggravated Robbery 

Because robbery and aggravated robbery are violent crimes, police pursue warrants aggressively, and efforts to get these warrants recalled are unlikely to succeed. That does not mean you should not try, but you should not get your hopes up. More likely, you will have to turn yourself in.

Even so, a robbery lawyer in Cincinnati will help you develop a strategy to try to make this process as smooth as possible. We will work with the jail and court so that you can get in front of a judge and be released after pleading not guilty and paying a bond. 

Be prepared—bonds may be higher in these cases because, again, they are considered violent crimes. According to the Hamilton County Clerk of Courts, felonies have no standard bond amount. The amount the judge sets will depend on the particulars of your case as well as your previous criminal history.


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Other Consequences of a Robbery or Aggravated Robbery Conviction in Cincinnati 

The consequences of pleading guilty to or being convicted of robbery or aggravated robbery will follow you long after your sentence concludes. You cannot seal these records, and the conviction will affect your job opportunities and gun ownership and voting rights. That is why it might help to have a lawyer in Cincinnati on your side throughout the process, looking out for your interests. 


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Resources in Cincinnati Robbery Cases

Robberies and other crimes reported to the Cincinnati Police Department are tracked and detailed on the city’s CincyInsights page, where you can search for incidents by a number of criteria, including the neighborhood and the time of day in which they took place, as well as the demographic information of both the victims and the suspects in the city’s robberies this year.

Another CincyInsights page provides data on calls the police department receives. For those who would like to look through police records, the Records Management System (RMS) on the City of Cincinnati website enables you to do just that. You can also find violent crime statistics on the Office of Criminal Justice Services website. 


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Related Robbery News and Articles

Robberies in the Cincinnati area often make headlines: 


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Robbery & Aggravated Robbery Q&A 

Q: What is the difference between a second-degree robbery and a third-degree robbery? 

A: Absent a weapon, a second-degree-felony robbery requires inflicting, attempting to inflict, or threatening to inflict physical harm while committing a theft, whereas a third-degree-felony robbery (which does not carry a presumptive prison term) involves using or threatening the immediate use of force during the theft. The difference is between the terms “inflict physical harm” and “use of force,” which can be subjective. If the offender injures or threatens to cause a specific injury, there is a clearer case for the higher felony.

Q: How can I avoid prison on a robbery charge?

A: All robbery cases are different, and the circumstances of each situation will be different, too. However, generally speaking, a robbery lawyer will look for ways to get your charge reduced to either a lesser felony or a misdemeanor, if not to get the charge dismissed altogether.

To do this, the experienced criminal defense lawyers at Joslyn Law Firm will seek to undercut the elements of the prosecution: whether there was a theft that accompanied the threat of physical harm or use of force; whether the threat was accompanied by a theft; whether there was any evidence of a weapon; and so on. In essence, your lawyer will try to detach the connecting pieces of a robbery charge from each other.

Either in conjunction with that or separately, we will try to find alternatives to prison by demonstrating that you are not a risk to reoffend. If you have a previous history with drugs or alcohol, we could volunteer for treatment, for example. 

Q: What qualifies as aggravated robbery?

A: The type of weapon you use in a robbery will likely determine whether or not you are charged with aggravated robbery. A robbery qualifies as aggravated if you used a deadly weapon. A deadly weapon must be capable of killing someone. 

The weapon also has to be adapted or used as a deadly weapon. So, for example, if you were carrying a pocket knife in your back pocket at the time of the robbery, but you did not show it or threaten anyone with it in order to advance the robbery, this most likely wouldn’t qualify as aggravated robbery. 

Q: What do I do if I’ve been arrested for robbery or aggravated robbery?

A: There’s a reason why officers read you your Miranda Rights while being arrested—and you should make use of them. You have the right to remain silent. This allows you to protect yourself from self-incrimination. One wrong word, and your case could be a lot harder to defend.

You have the right to an attorney. A robbery or aggravated robbery lawyer can help you with your case. They know exactly what to say to police and judges, and are equipped with the legal knowledge needed to argue for a better outcome in your case.


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Robbery & Aggravated Robbery Lawyer in Cincinnati 

If you were arrested for or charged with robbery and aggravated robbery, a lawyer from our law firm might be able to help you with your case.

Contact Joslyn Law Firm today at (614) 444-1900 to schedule a meeting with a robbery lawyer in Cincinnati.


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