Robbery in Minnesota isn’t a simple crime. If you commit robbery, what you are charged with will be determined by the circumstances of the alleged crime.
No matter what you’re charged with, however, robbery is a felony act. If convicted, you can lose fundamental rights such as the right to vote or possess a firearm in the future.
Simple robbery may be the least serious robbery charge you can face in Minnesota, but it’s still serious and complicated to defend against in court. Here’s what you need to know about a simple robbery in Minnesota and the best defenses to be used in court.
How Minnesota Defines Robbery
Robbery is defined under the law as take the personal property of another by using force or threatening to use force.
In Minnesota, there are three levels of robbery. What a person is charged with depends on the circumstances of the case. Robbery is a unique crime in that the charges do not take into consideration the value of the property taken. It’s the method of taking it that ultimately leads to the charges.
If a person uses assault or threats of violence in the commission of the crime, then they can be charged with a more serious level of a felony.
Minnesota’s Different Types of Robbery
In Minnesota, there are essentially three levels of robbery charges one can face. They are simple robbery, second-degree robbery, and first-degree robbery. Learn what justifies each charge below.
Simple Robbery
This is the least serious charge of robbery but is still a felony. A person commits simple robbery when personal property is taken from someone else, property the defendant knows they are not entitled to. They also use threats or force, but no weapons, to commit the crime.
Second-Degree Robbery
When the defendant implies through actions or words that they have a weapon when in the process of robbing someone, then they can be charged with second-degree robbery.
First-Degree Robbery
This is the most serious robbery crime someone can be charged with. It occurs when the defendant is armed during the crime or if the victim believes the defendant is armed. The defendant must also inflict bodily harm on another person while they are robbing them.
The Penalty for Simple Robbery in MN
Simple robbery is a felony, the maximum penalty for which is up to 10 years in prison. The defendant can also be ordered to pay up to $20,000 in fines.
Defenses Against Robbery Charges
The best defense for someone facing robbery charges is to convince the court that the defendant had no intention of permanently depriving the victim of the robbery of their property. Another often-used defense is that the property taken did not actually belong to the victim.
It’s important to note that even with simple robbery charges, to be found guilty all elements of the crime must be proven in court. If the property was not taken or if it can be shown that no coercion to take the property took place then the state will lose the case.
The key is to show that not all elements can be satisfied – and that can make all the difference between prison and freedom for someone accused of this crime.
Robbery is a serious charge – even a simple robbery. It’s paramount that you understand your rights and understand how to defend yourself against these charges in order to ensure you don’t have your rights taken from you now and in the future.
About the Author:
Christopher Keyser is an AV-Preeminent rated criminal and DWI defense attorney based in Minneapolis who is known for fighting aggressively for his clients and utilizing innovative tactics to get the most positive results. He has been featured in numerous media outlets due to the breadth and depth of his knowledge and named a Certified Specialist in Criminal Law by the Minnesota Bar Association. Mr. Keyser is Lead Counsel rated, and he has received recognition for his criminal law work from Avvo, Expertise, Super Lawyers, The National Trial Lawyers, and more.
