Joslyn Law Firm provides customized defense strategies for clients who are facing aggravated robbery charges in Cincinnati. We understand the importance of remaining in your home while awaiting trial rather than sitting in a jail cell. We also know that a felony conviction means a criminal record with lifelong repercussions.
Ohio divides robbery offenses into two categories: aggravated robbery and robbery. While specific activities separate the two, the common denominator is theft—either attempting, committing, or fleeing after a successful attempt. They are both felonies, though aggravated robbery is a higher-level charge.
You are encouraged to call an aggravated robbery attorney as soon as possible for help with your charges. Our criminal defense team has handled more than 20,000 cases. When you call our Cincinnati office for more information, you’ll receive a free assessment of your case.
Our Firm Wants to Fight for You
Attorney Brian Joslyn, our firm’s founder, is among the state’s most recognized and lauded defense attorneys. He understands how an individual can get swept up in the criminal justice system. As a young man, he was wrongfully arrested and violently beaten by police. Today, Joslyn and his team have numerous honors from prestigious organizations, such as the following:
- National Trial Lawyers Association – Top 100 Attorneys
- Columbus CEO magazine – Top Lawyer in Columbus Top Lawyer in Columbus
- National Academy of Criminal Defense Attorneys – Nationally Ranked 10 Ten Attorney
- Top American Lawyer Association – Nominated for Best American Lawyer
- Avvo Client’s Choice Award Nominee
If you or a loved one is looking for a strong defense for aggravated robbery charges, take advantage of our free consultation today. Call Joslyn Law Firm at (513) 399-6289 to take the first step in your defense.
Aggravated Robbery Information Center | Table of Contents
- Theft Crimes in Ohio Overview
- Ohio Robbery and Aggravated Robbery Definition
- Penalties for Theft Crimes in Cincinnati
- Collateral Penalties for Aggravated Robbery in Ohio
- Evidence in Aggravated Robbery Cases in Cincinnati
- Defenses to an Aggravated Robbery Charge
- Resources for Aggravated Robbery Cases in Ohio
- News About Aggravated Robbery in Ohio
- FAQs for Aggravated Robbery in Cincinnati
- Attorney for Aggravated Robbery in Cincinnati, OH
Theft Crimes in Ohio Overview
It is illegal in Ohio to knowingly attain or exert control over someone else’s money, goods, or services through fraud, trespassing, or use of force. Chapters 2911 and 2913 of the Ohio Revised Code have detailed explanations of theft crimes. In general, theft is the unauthorized act of taking control over someone’s property:
- Without the owner’s permission
- Beyond the scope of the owner’s consent
- By deceit
- By threat
- By intimidation
Examples of theft crimes include:
- Breaking into off-limits or locked areas
- Illegally using a credit or debit card
- Stealing internet service
- Pirating movies or television shows
- Tampering with vending machines
Burglary Is Not Always a Theft Crime
Ohio Revised Code Section 2911.12 defines burglary as trespassing into a structure using stealth, deception, or force to commit a crime. While this crime may be theft, the primary elements of this crime are unauthorized entry and criminal intent.
Ohio Robbery and Aggravated Robbery Definition
According to Ohio Revised Code Section 2911.02, theft becomes robbery when the perpetrator:
- Has a deadly weapon on or about their person or under their control;
- Causes, threatens, or attempts physical harm; or
- Uses or threatens the immediate use of force against an individual.
Per Ohio Revised Code Section 2911.01, a theft becomes aggravated robbery when the perpetrator:
- Has a deadly weapon on or about their person or under their control and either displays the weapon, brandishes it, indicates they possess it, or uses it;
- Has dangerous ordnance on or about their person or under their control; or
- Inflicts or attempts to inflict serious physical harm on an individual.
Aggravated robbery is the most severe theft crime under state law. Therefore, this act is the most likely to result in lengthy prison terms.
Penalties for Theft Crimes in Cincinnati
A criminal defense attorney with Joslyn Law Firm can help you understand the complexities of Ohio’s sentencing guidelines in Ohio Revised Code Section 2913.02.
A substantial factor in determining if a theft crime is a misdemeanor or a felony is the value of the stolen property or good. See the following chart for a brief explanation.
Value of Stolen Property
Up to $500
Up to six months in jail and $1,000 fine
$1,000 or more but less than $7,500; OR the property is a negotiable instrument, such as a credit card, debit card, or check, OR the property is a
vehicle license plate or an empty driver’s license form
Felony, fifth degree
Between six and 12 months in prison and a $2,500 fine
Between $7,500 and $150,000; OR property is a motor vehicle OR a dangerous drug
Felony, fourth degree (also called grand theft)
Between six and 18 months in prison and a $5,000 fine
$150,000 or more but less than $750,000; OR a firearm, OR anhydrous ammonia (a deadly gas), OR a police horse, police dog, or a service animal
Felony, third degree (also called aggravated theft)
Between one and five years in prison and a $10,000 fine
$750,000 up to $1.5 million
Felony, second degree (aggravated theft)
Between two and eight years in prison and a $15,000 fine
Over $1.5 million
Felony, first degree
Between three and 11 years and a $20,000 fine
Theft Crimes Against Protected Individuals
In addition to fines and imprisonment, certain collateral penalties also come with an aggravated robbery conviction. Your sentence could depend on other factors, as well, including:
- Prior arrests, charges, or convictions
- Commission of additional illegal acts while attempting or committing theft
- Trying to flee an active arrest warrant (instead of turning yourself in)
The criminal justice system is complex, and many variables could affect the outcome in your case. A defense lawyer from our firm can help you navigate this process.
Collateral Penalties for Aggravated Robbery in Ohio
In addition to fines and imprisonment, there are specific collateral penalties that come with an aggravated robbery conviction. A felony causes you to lose many civil rights that most of us take for granted, including the ability to:
- Own a firearm
- Run for public office
- Serve on a jury
- Apply for certain professional licenses
- Receive federal student loans and aid
A criminal conviction may also affect your child custody rights and immigration status.
An attorney for aggravated robbery from our team may be able to have your charges reduced, dropped, or dismissed. There are no guarantees when you face a jury, but we can put our resources to work and build a solid case to defend you. You will not have to fight off these charges alone.
Evidence in Aggravated Robbery Cases in Cincinnati
The prosecution in an aggravated robbery case must prove beyond a reasonable doubt that the alleged robber:
- Took property from another person or in their presence
- Used intimidation, threat, or violence
- Took the property with intent to permanently deny its use or value to the lawful owner
A prosecutor uses evidence to support these claims. Such evidence might include:
- Testimony from eyewitnesses, including the victim
- Video surveillance cameras
- Fibers or pieces of clothing
- Biological evidence, such as blood, skin cells, or hair
- Arresting officer testimony
- Forensic or crime scene expert testimony
- GPS or cell phone tracking
It may seem overwhelming if you or a loved one is facing aggravated robbery charges. However, a defense attorney from our team may effectively counter or seek to suppress evidence.
Defenses to an Aggravated Robbery Charge
When you hire us, an attorney with Joslyn Law Firm will carefully evaluate the circumstances of your case, starting with your arrest and including the prosecution’s evidence and witnesses. We will use our knowledge of police procedure, evidentiary rules, and years of criminal defense practice to fight to reduce or eliminate the charges against you.
Each case demands a customized defense strategy. Below are possible defenses that our team may use.
Illegal Search or Seizure
If we find that police may have conducted an illegal search and seizure, an attorney from our team will seek to suppress any evidence collected from this search. The Fourth Amendment of the United States Constitution protects citizens from unlawful searches, including:
- Searching your person, home, or car without a search warrant
- Exceeding the limits of a search warrant
- Executing a search warrant without probable cause
Testimony from witnesses may be unreliable. Naturally, our memories become less clear over time. Other factors can also lessen the impact of a witness’s statements, including:
- Vision or hearing problems (if the witness was not wearing glasses, for example)
- Cognitive impairment
- Overcoaching by the prosecution
Tainted or Unreliable Evidence
Evidence must follow a specific chain of command or face suppression because it was somehow tainted, damaged, or corrupted. Our team will question the prosecution’s evidence to raise doubt in the mind of the jury. For example, we may be able to explain a fingerprint from the crime scene if the alleged robber had permission to be there before the robbery occurred.
Lack of Intent
The prosecution must prove that you intended to rob to deny the victim of money or goods permanently. A possible defense involves raising doubt that you intended to steal the item or always keep it.
Lack of Force or Threat
A crowbar can be used as a weapon, but it is also a tool in a burglary. Thus, we could potentially use a lack of threat defense to reduce aggravated robbery to a lesser theft crime.
Suggest an Alternative Suspect
Did someone else have a motive to commit the crime? A lawyer from our team may raise the possibility of an alternative suspect. You can strengthen this defense if you have proof that places you elsewhere at the time of the robbery. For example, you could have receipts from a local restaurant where you were with a group of friends at the same time you were allegedly committing robbery.
Our firm has a high success rate for defending clients accused of aggravated robbery and other serious offenses.
Resources for Aggravated Robbery Cases in Ohio
United States Attorney’s Office | Southern District of Ohio
This website describes the duties and functions of the U.S. Attorney’s office serving 30 counties in Ohio, including Hamilton County. You can find case updates for federal robbery crimes, victims’ witness assistance programs, and community safety information.
Felony Sentencing Quick Reference Guide | Ohio Supreme Court
You can click the link to download a PDF that contains a clear guide to felony sentencing in Ohio. Ohio state law has minimum and maximum penalties for jail, prison, fines, community control, parole, and other criminal justice actions.
Ohio Crime Victims’ Rights | Ohio Attorney General
You may download this PDF for a comprehensive guide to victims’ rights. Depending on the crime, victims may be entitled to financial compensation. The download also explains a victim’s right to privacy, to confer with a prosecutor, to attend court proceedings, and more.
Identity Theft | National Council of State Legislators (NCSL)
Identity theft involves taking another person’s name, Social Security number, or credit card to commit fraud or other crimes. The NCSL website has state-by-state laws, including in Ohio, that summarize identity theft criminal penalties.
Elder Abuse and Elder Financial Exploitation Statutes | U.S. Department of Justice
Senior citizens have certain protections under Ohio and federal law. For example, theft crimes against someone age 65 or older are charged at a higher count, such as a felony instead of a misdemeanor. This website explains how federal law treats crimes, including robbery, against elderly victims.
News About Aggravated Robbery in Ohio
June 17, 2021
“Toledo Man Charged in Armed Robbery of Elyria Pawn Shop”
A Toledo man faces aggravated robbery charges after demanding cash at gunpoint, according to Cleveland.com. Police say Dewayne O’Neal walked into the pawnshop carrying a small duffel bag.
O’Neal allegedly threatened the cashier with a gun, who then followed his instructions to fill the bag with cash from the register. Police officers identified the suspect from the security video and tracked him down at a nearby hotel.
May 30, 2021
“YPD Needs Community’s Help to Identify Suspect in Attempted Aggravated Robbery Case”
The Youngstown Police Department needs help tracking down a masked man who tried to rob a gas station. According to police, the suspect is a Black male, bald, wearing a mask. He was unsuccessful in robbing the Shell gas station but was videotaped by security cameras.
Anyone with knowledge of this alleged robber should contact the Youngstown Police Department at (330) 742-8YPD. There may be a reward if the crime tip leads to a conviction.
June 9, 2021
“City Man Gets Six Years for Aggravated Robbery”
A Youngstown man received a six-year prison sentence after pleading guilty to a 2018 robbery. Sean Bishop, 41, attempted to rob a homeowner but instead was pistol-whipped with his weapon. The gun was discharged several times, but the victim was unharmed. Bishop fled the scene, leaving the weapon and a gray cap. Police located and identified Bishop using DNA evidence.
March 16, 2021
“Columbus Man Gets Seven to Nine Years in Prison for Newark Armed Robbery”
A Columbus man pleaded guilty to one count of aggravated robbery, a first-degree felony, and could serve as many as nine years in prison. Dominique Desotelle, 29, was surprised by a homeowner when she heard noises from downstairs. Desotelle confronted the victim and struck her with his gun until she gave him her purse.
FAQs for Aggravated Robbery in Cincinnati
- Is it possible to have aggravated robbery reduced to a lesser charge?
- It is possible to reach a plea deal with the prosecution. To avoid a lengthy prison term or steep fine, you could potentially plead guilty to a lesser charge, such as trespassing or burglary.
- What is the prison term for aggravated robbery?
- Aggravated theft penalties vary, depending on the value or type of stolen items. Aggravated robbery qualifies as a third-degree or second-degree felony. The range for prison sentences is one to five years for a third-degree felony and two to eight years for a second-degree felony.
- I was high when I committed aggravated robbery. Is this a defense?
- It is possible to incorporate intoxication into an aggravated robbery defense. Our team could also help you seek drug rehabilitation instead of prison, depending on the circumstances of your case.
- What can I do to improve my chance for an acquittal?
- Acquittal requires raising enough doubt or questions regarding your alleged involvement in the crime that the jury reaches a not guilty verdict. Whatever information you can share with our legal team can help us build a credible defense that increases your chance for an acquittal.
Attorney for Aggravated Robbery in Cincinnati, OH
When you hire us to represent you, one of our attorneys will work toward the best possible outcome for your aggravated robbery case. Joslyn Law Firm has handled more than 20,000 cases and would be honored to help you fight to clear your name and stay out of jail.
For a free consultation, call our team today at (513) 399-6289.