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Rhode Island Robbery Lawyer

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Rhode Island Robbery Attorney

Robbery is a serious criminal charge in Rhode Island that carries severe penalties upon conviction. If you or a loved one is facing a robbery charge, it is crucial to understand the nature of the crime, the differences between robbery and other related offenses, and the potential consequences of a conviction. This page provides an overview of robbery charges in Rhode Island to help you navigate this challenging time.

If you’re dealing with a robbery charge, consulting with an experienced Rhode Island criminal defense attorney can make all the difference in protecting your rights and achieving the best possible outcome. Contact Ellison Law LLC today to schedule a consultation to discuss your case. We are here to provide the guidance and legal representation you may need during this difficult time.

What is Robbery in Rhode Island?

Under Rhode Island General Laws § 11-39-1, robbery is classified into two degrees based on the circumstances of the crime. First-degree robbery occurs when the offense involves the use of a dangerous weapon, results in injury to the victim, or is committed against a person who is severely impaired or an elderly individual (60 years or older). A conviction for first-degree robbery carries a mandatory minimum sentence of ten years and may result in life imprisonment, a fine of up to $15,000, or both.

Second-degree robbery applies when the offense involves force or threats but does not include a weapon, result in injury, or involve a victim who is severely impaired or elderly. The penalties for second-degree robbery range from five to thirty years in prison, a fine of up to $10,000, or both.

Unlike theft, robbery requires direct interaction with the victim and poses a significant risk of harm, leading to it having serious penalties under Rhode Island law.

What is the Difference between Robbery vs. Burglary

While robbery and burglary are both crimes involving property, they differ significantly in how they happen and their legal consequences;

  • Robbery is the felonious and forcible taking from the person of another of goods or money of any value by violence or by putting the victim in fear. This definition is articulated by the Rhode Island Supreme Court in State v. Robertson, 740 A.2d 330, 333 (R.I.1999). It is a required element of robbery that the taking be accomplished by force, violence, or intimidation.
  • Burglary is the breaking and entering in the dwelling-house of another in the nighttime with the intent to commit a felony therein. It does not matter whether the felony was actually committed or not. This definition is articulated by the Rhode Island Supreme Court in State v. Contreras-Cruz, 765 A.2d 849, 852 (R.I. 2001). Due to its severity, burglary is punished up to life in prison, with a minimum of 5 years. The penalties for burglary come from RIGL §11-8-1. Burglary carries severe penalties due to the heightened risk to residents and the intent behind the crime.

Understanding this distinction is critical, as the penalties and defenses for these crimes can vary greatly. The main difference between robbery and burglary is how they are carried out. Robbery involves the taking of property directly from someone while using force, violence or intimidation. Burglarly involves breaking into a dwelling house of another with a plan to commit a felony inside.

What is 1st Degree Robbery in Rhode Island?

First-degree robbery occurs under Rhode Island General Law §11-39-1 when the crime involves the use of a dangerous weapon or results in serious bodily injury to the victim or the victim is a person who is severely impaired or an elderly person (over 60 years of age). This degree of robbery is considered the most severe due to the elevated risk of harm, and who the victim is and what happens to them.

What is the Potential Punishment for First Degree Robbery?

A conviction for first-degree robbery in Rhode Island carries a minimum sentence of 10 years in prison. The maximum penalty can extend to life imprisonment, depending on the circumstances of the case, such as the severity of the injury or the type of weapon used. Additionally, substantial fines of not more than fifteen thousand dollars ($15,000) may also be imposed. These penalties come from Rhode Island General Laws §11-39-1(a).

What about Bail for First-Degree Robbery?

Because first-degree robbery is considered a violent felony, bail is often set at a high amount to ensure the accused appears in court, however the Prosecution has a right to ask the court to hold the accused without bail. Once the Prosecutor makes the request an evidentiary hearing is scheduled within ten days (10) of the defendant’s arraignment or initial appearance in court for the robbery charge.

At the bail hearing, the prosecution bears the burden of proving that the evidence of the defendant’s guilt is clear and convincing. If the prosecution fails to meet this burden, the court must release the defendant on bail. If the Prosecution succeeds at meeting the burden, then the court may still grant bail if they consider several factors including:

  • Defendant’s ties to the community
  • Whether the defendant poses a flight risk
  • Defendant’s respect for the law
  • Potential punishment if committed

All these factors together are what the court will use to determine whether bail should or should not be imposed so as to ensure the defendant will appear in court and pose no threat to public safety.

What is Second Degree Robbery in Rhode Island?

Second-degree robbery, as outlined in Rhode Island General Laws § 11-39-1, is charged when the crime does not involve the use of a weapon or result in serious bodily injury or does not involve a victim who is severely impaired or an elderly person but still includes force or threats to take property from a victim.

What is the Potential Punishment for Second Degree Robbery?

The penalties for second-degree robbery come from RIGL §11-39-1(b) and they carry a minimum sentence of five (5) years in prison and a maximum sentence of up to twenty (20) years in prison. Along with a prison sentence, a judge may also decide to impose a fine of not more than ten thousand dollars ($10,000). While the penalties are less severe than those for first-degree robbery, they remain significant and can have a lasting impact on your life and future.

What should I do if I am Charged with Robbery in Rhode Island?

It is important to note that robbery charges in Rhode Island can be further complicated by additional factors, such as prior convictions or involvement in organized criminal activity. Sentencing enhancements may apply in cases where the victim was particularly vulnerable or if multiple individuals were involved in the crime. Understanding the full scope of the charges against you is critical to building a strong defense.

If you’re dealing with a robbery charge, you do not have to face the charges alone, you can have legal representation from an experienced Rhode Island criminal defense attorney who can help protect your rights to achieve the best possible outcome. Contact Ellison Law LLC’s experienced Rhode Island criminal defense lawyers today to schedule a consultation and discuss your case at 401-230-5520.

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Providence Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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